1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. D around July 24, 2006, around 2006, borrowed KRW 50 million from the Defendant (hereinafter “the first loan of this case”) at 2.5% per interest month. Around July 24, 2006, D issued promissory notes with face value of KRW 50 million and due date on July 24, 2007 to the Defendant, and a notary public drafted a notarial deed to the effect that the said promissory notes are subject to compulsory execution by law firm No. 320 in 206.

B. On July 26, 2006, D issued a promissory note with a face value of KRW 100 million and blank space for the due date (hereinafter “instant promissory note”) to the Defendant, and entered into a mortgage agreement with the Defendant on land D owned by D (hereinafter “instant real estate”) with a maximum debt amount of KRW 195 million, the mortgagee, the Defendant, and the debtor D, and completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”).

C. D borrowed a total of KRW 670 million from the Plaintiff over several occasions. On September 27, 2013, D concluded a mortgage contract between the Plaintiff and the Plaintiff regarding the instant real estate with the maximum debt amount of KRW 250 million, the mortgagee of the right to collateral security, the Plaintiff, and the debtor D, and completed the registration of establishment of a neighboring mortgage on the ground thereof on September 30, 2013.

The Defendant applied for an auction for the exercise of the security right to the instant real estate, based on the establishment registration of the neighboring real estate in the instant case. On April 18, 2014, the auction procedure for the instant real estate was commenced as Suwon District Court C (hereinafter “instant auction procedure”).

E. On September 18, 2014, the Defendant submitted a bond account statement of KRW 150 million with the principal of the bond at the above auction procedure. On November 6, 2014, the Defendant purchased the instant real estate at KRW 150 million, and completed the registration of ownership transfer under the Defendant’s name on the grounds of sale due to voluntary auction.

F. On November 27, 2014, the said auction court is not more than the date of distribution.