On June 26, 2015, the real estate stated in the separate sheet between the defendant and the non-party YI Co., Ltd. on June 26, 2015

Basic Facts

On October 22, 2013, the Plaintiff’s claim for reimbursement was concluded with the Plaintiff and the Plaintiff was loaned KRW 400,000,000 from the new bank.

However, on June 23, 2015, in the period of credit guarantee, the non-party company lost the benefit of the term of the above loan and could not repay the loan. On December 17, 2015, the Plaintiff paid the loan amount of KRW 279,894,152 to the above bank.

On June 29, 2015, the non-party company completed the registration of creation of a mortgage over the real estate indicated in the separate sheet (hereinafter “instant real estate”) on June 29, 2015, for establishing a contract on June 26, 2015.

(hereinafter “instant collateral security”). On August 18, 2015, a non-party company filed a petition for bankruptcy with the Seoul Central District Court 2015Hahap100126, which was declared bankrupt on September 18, 2015. At the time, the assets of the non-party company were KRW 1,560,595,942 in total, while the assets of the non-party company were in excess of the debt amounting to KRW 3,023,377,384 in total. Considering this, the non-party company is presumed to have exceeded the debt amount even around June 2015.

On September 22, 2015, with respect to the auction of the instant real estate and the instant real estate distributed, a distribution schedule was formulated that the Defendant, who was the mortgagee, received the amount of dividends of KRW 97,512,608, on the date of distribution on May 25, 2016, on the date of distribution, on the application of the Industrial Bank of Korea of the mortgagee.

(hereinafter “instant distribution schedule”). The Plaintiff raised an objection against the total amount of the Defendant’s dividends on the said distribution date, and filed the instant lawsuit on May 30, 2016.

[Reasons for Recognition] Fact-finding, Gap 1 through 7, and 9 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), and the above facts of recognition as to the ground for claim as a whole of the pleadings.