A. On March 9, 2017, A was declared bankrupt by the Daegu District Court 2016Hadan4269, and the Plaintiff was appointed as the bankruptcy trustee.

B. On June 16, 2015, A concluded a mortgage agreement with the Defendant and the maximum debt amount of KRW 300 million (hereinafter “instant apartment”) with respect to the real estate indicated in the attached list, which is the real estate owned by the Defendant (hereinafter “instant apartment”), and completed the establishment registration of the collateral security (hereinafter “instant apartment”) with the Daegu District Court No. 13956, Jun. 16, 2015, as the registration office of the Daegu District Court No. 13956 (hereinafter “instant apartment”).

C. As to the instant apartment, on May 15, 2014, the establishment registration of a neighboring mortgage, which was the mortgagee Hyundai Marine Fire Insurance Co., Ltd., the maximum debt amount, 316,800,000 won (the maximum debt amount, November 20, 2014, increased to 378,000,000 won) was completed.

On May 2, 2017, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that: (a) KRW 301,061,303 out of KRW 477,389,222, which is the amount to be actually distributed on May 2, 2017, Hyundai Marine Fire Insurance Co., Ltd.; and (b) the remainder of KRW 176,327,919, which is the amount to be distributed to the Defendant, who is the right to collateral security (hereinafter “instant distribution schedule”).

The Plaintiff appeared on the date of distribution, and raised an objection against the total amount of dividends to the Defendant, and filed a lawsuit of demurrer against the distribution on May 4, 2017, which was within seven days thereafter.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3, and 9 evidence, and the purport of the whole pleadings

2. Whether the instant right to collateral security is null and void

A. The Plaintiff’s actual creditor is a corporation E (hereinafter “E”) with the Defendant’s representative director, and there is no claim for the price of goods against the Defendant A, who is the mortgagee of the instant case. Therefore, there is no secured claim.