A. The deceased D (hereinafter “the deceased”) was the owner of the E field E 607 square meters (hereinafter “the instant real estate”).

B. On February 11, 2011, the Deceased completed the registration of creation of a collateral to FF agricultural cooperatives (hereinafter referred to as “the first collateral security”) with respect to the instant real estate, and on March 14, 2014, the Deceased completed the registration of establishment of a collateral (hereinafter referred to as “the second collateral security”) with respect to the Defendant as the obligor, the Deceased, the Defendant, and the maximum debt amount KRW 130 million.

B. The Deceased died on March 22, 2016, and the wife and Nonparty G, a wife, succeeded to the deceased’s property.

C. The FF Agricultural Cooperative, upon applying for voluntary auction based on the first right to collateral security, rendered a decision of voluntary decision to commence the auction of the instant real estate to the Goyang Branch District Court C.

At the auction procedure in progress following the decision to commence the voluntary auction, the defendant distributed the claim of KRW 10 million as the claim of KRW 22,547,945 as the claim of KRW 22,547,95 as the claim of KRW 137,453,97, which was in progress on September 5, 2018, the court of execution prepared a distribution schedule to distribute KRW 90,485,948 as the first mortgagee to the defendant, who was the second mortgagee, and KRW 46,968,049, respectively, as the second mortgagee, as the second mortgagee, as the amount to be actually distributed on the date of distribution that was in progress on September 5, 2018.

The Plaintiff appeared on the date of distribution and stated an objection against the total amount of the Defendant’s dividends, and filed a lawsuit of demurrer against distribution on September 11, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Since there is no claim against the deceased, who is a secured claim of the second right to collateral security under the name of the plaintiff's assertion, the amount of dividends against the defendant.