A. On December 18, 1999, F completed the registration of transfer of ownership based on the successful bid due to the voluntary auction on November 25, 1999 with respect to Hlue House I located in G (hereinafter “instant building”).

B. On January 7, 2000, the Plaintiff completed the registration of the establishment of a neighboring mortgage of the debtor FF, the maximum debt amount of KRW 13,000,000 on the instant building.

C. On February 29, 1984, the Defendant registered the establishment of a neighboring mortgage of KRW 438,000,000 on the obligor’s J, the maximum debt amount, and KRW 438,000 on the land for the instant building (hereinafter “instant land”).

After November 1, 1984, from November 1, 1996 to November 1, 1996, the registration of transfer of ownership was made based on each sale of 1/60 shares, each of which is the site ownership ratio of each sectional ownership, in the name of the sectional owners of each sectional ownership of the relevant building.

E. Meanwhile, on the other hand, the Plaintiff applied for the auction of real estate rent to the Youngcheon District Court Young-gu Branch E for the instant building.

In the above auction case, on March 4, 2020, the above court prepared a distribution schedule to distribute the amount of KRW 6,568,694 to the Plaintiff, a mortgagee of the instant building, in the order of 15,523,905 (the total amount of principal was distributed among the amount of credit of the Defendant) in the order of 15,523,905 to the Defendant, a mortgagee of the instant building.

F. On the date of distribution, the Plaintiff raised an objection against the total amount of the Defendant’s dividends, and on March 11, 2020, filed a lawsuit of demurrer against distribution of the instant case.

[Grounds for recognition] Each entry of Gap evidence Nos. 1, 2, 3, 5, and 6 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination:

A. The effect of the mortgage established with respect to only the section of exclusive ownership among the section of exclusive ownership and the section of exclusive ownership among the public land portion owned by the same person (hereinafter “site share”) is the accessory or accessory right unless there are special circumstances, such as stipulated otherwise by the regulations or notarial deeds.