1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The distribution schedule prepared by the said court on October 25, 2017 in the Seoul Western District Court A real estate auction case is as shown in the attached Form.

B. The Plaintiff is the first and third secured right holder in the instant auction case, and the Defendants are the third secured right holders.

C. The Plaintiff received 118,739,830 won within the scope of the maximum debt amount as indicated in the attached Table No. 122,400,000, as the second mortgagee, within the scope of KRW 118,739,830. The third mortgagee was apportioned 45,000 out of the maximum debt amount within the scope of KRW 45,00,000 among the claims amount of KRW 47,19,904.

【Fact that does not have any dispute】

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion is to determine the priority claim amount based on the maximum debt amount when determining the priority claim amount, and thus, it is unlikely that even if combined with the maximum debt amount of the second priority mortgage and the third priority mortgage, it may cause damage to a third party.

Therefore, it is possible to receive a dividend within the limit of 167,40,000 won, which is the sum of the maximum debt amount of the second and third priority claims, so the interest exceeding the maximum debt amount of the third priority claims can be used to obtain a preferential reimbursement by using the second priority claim, and the distribution schedule should be modified as stated in the purport of the claim.

B. In order to distribute dividends in proportion to the distribution in the same order among the persons holding other provisional attachment rights with respect to a claim that does not have the effect of preferential reimbursement as a part exceeding the maximum debt amount of the right to collateral security, the submission of a request for auction based on the right to collateral security or a statement of claim account shall not be sufficient. With respect to a claim that exceeds the maximum debt amount, a legitimate demand for distribution under Articles 728 and 605 of the Civil Procedure Act has been made or other claims that can be

In this case, the plaintiff is the third right of collateral security.