1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On November 26, 2013, the Plaintiff prepared a loan certificate with the content that the Plaintiff would lend KRW 125,000,000 to C and that the Plaintiff would pay at any time at the request of the Plaintiff.

(hereinafter “instant loan”). (b)

C On December 2, 2013, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the owner registered the establishment of the right to collateral security (hereinafter “registration of the instant right to collateral security”) with the obligor C, the Defendant, the maximum debt amount of KRW 150,000 on the ground of the agreement to establish the right to collateral security (hereinafter “instant right to collateral security”).

C. At the time of the establishment of the instant mortgage, C had no particular property other than the instant real estate at the market price of KRW 253,200,000, and there was a debt exceeding KRW 600,000, including the instant loan, and was in excess of the debt.

C On February 7, 2014, on the same day, the Plaintiff and F completed the registration of the establishment of the right to collateral security, which consists of the obligor C, Plaintiff F, the maximum debt amount of KRW 345,00,000, on the ground of the contract to establish the right to collateral security on the same day.

E. On March 27, 2014, E, a senior mortgagee of the instant right to collateral security, filed an application for voluntary auction of real estate with the Daegu District Court Branch D with respect to the instant real estate, and received a decision to commence voluntary auction from the said court.

F. On October 20, 2014, the Plaintiff and F submitted a claim statement at the above auction procedure as a co-mortgage. The Plaintiff filed each of the instant loans claim amounting to KRW 125,00,000,000, and F filed each of the claims amounting to KRW 274,989,040,040, which is the sum of the principal and interest up to the date of distribution.

G. On October 28, 2014, the said distribution court held that on the date of distribution of the above auction procedure, the Defendant, the mortgagee of the instant case, was subject to 91,121,863 won, and the Plaintiff and F, the joint mortgagee.