1. The plaintiff's appeal is dismissed.

2. The plaintiff's additional claim in the trial is dismissed.

3. Costs of appeal; and

1. Basic facts

A. On November 14, 2011, D entered into a mortgage agreement with the obligor regarding each of the real estate listed in the attached list E and the attached list (hereinafter “each of the instant real estate”) with respect to which the establishment registration of the neighboring mortgage agreement was completed as No. 108274 on the same day by the Incheon District Court No. 108274 on the same day.

(hereinafter referred to as the "mortgage of this case"). B.

E, based on the instant right to collateral security, filed an application for voluntary auction of each of the instant real estate with the Incheon District Court C, and was ordered to commence voluntary auction on April 29, 2013 (hereinafter “instant auction procedure”).

C. The instant right to collateral security was transferred to F Co., Ltd. on the same day on June 25, 2013, to G on July 2, 2013 due to the transfer of finalized claim on June 25, 2013, to FF on the ground of the transfer of finalized claim on June 25, 2013.

On June 25, 2013, the Defendant completed the registration of establishment of a pledge of the right to collateral security as to the instant right to collateral security, which was the amount of claims KRW 234,00,000, by the Incheon District Court No. 66691, Jul. 4, 2013, based on the pledge agreement.

E. Meanwhile, on January 23, 2013, the Plaintiff concluded a mortgage agreement with D and the Plaintiff, the obligee, the obligor D, and the maximum debt amount of KRW 318,00,000,00, and completed the registration of establishment of a mortgage near Incheon District Court No. 5491 on the same day.

F. In the instant auction procedure, on November 21, 2014, the said court prepared a distribution schedule with the content that distributes KRW 184,780,382 to the Defendant (hereinafter “instant distribution schedule”).

[Ground for recognition - Unsatisfy, Gap evidence 1, Gap evidence 2-1, 2, and Gap evidence 7]

2. Determination

A. The Plaintiff alleged that he/she lent KRW 318,00,000 to D on September 20, 201, and as at November 14, 201, D, the date of the instant mortgage contract, was the date of the instant contract, was the specific property other than each of the instant real estate.