1. Defendant C among the distribution schedule prepared by the said court on October 16, 2014 in the Busan District Court D's D's auction of real estate.

1. Facts of recognition;

A. The Plaintiff’s wife borrowed money from Defendant B on several occasions.

B. On November 26, 2010, in order to secure the above debt of the Plaintiff, the Plaintiff amounting to KRW 39,000,000 with respect to the Plaintiff’s obligor of the establishment registration of neighboring mortgage, the maximum debt amount of KRW 53 square meters owned by the Plaintiff to Defendant B on November 26, 2010 (hereinafter “instant real estate”).

B. The registration of the establishment of the mortgage of the instant case was made

C) On January 20, 2014 upon Defendant B’s application, the order to commence an auction of real estate was issued as Busan District Court D with regard to the foregoing real estate on January 20, 2014. During the auction process, Defendant C obtained a claim attachment and assignment order (the Busan District Court Order 2014TTTT23211, Sept. 11, 201) against Defendant B’s credit (the right to claim payment of dividends in the auction procedure against the Republic of Korea) and was served on the Republic of Korea, a third debtor, and became final and conclusive as it is. D. On October 16, 2014, the court held that Defendant C, as a full creditor, the total maximum debt amount of KRW 39,90,00,00, and that the remaining debt amount of KRW 3,542,514 (hereinafter “instant distribution schedule”).

E) The Plaintiff filed a lawsuit of demurrer against the distribution amount of Defendant C, and thereafter filed a lawsuit of demurrer against the distribution amount. [The fact that there is no dispute over the grounds for recognition, Gap 1 through 3, Eul 1-1 and Eul 2, and the purport of the entire pleadings.

2. We examine, ex officio, whether the Plaintiff’s lawsuit against the Defendant B is legitimate.

The instant lawsuit shall be filed against the creditors indicated in the distribution schedule as receiving distributions as a lawsuit of demurrer against distribution.

However, according to the above facts of recognition, a person entered in the distribution schedule of this case as receiving KRW 39,900,000 from the distribution schedule of this case is not the defendant B, but the whole creditor, and thus, the plaintiff was made on the date of distribution.