A. The establishment registration was completed on June 9, 2009, the maximum debt amount of KRW 97,500,000, the debtor E, and the mortgagee F, of KRW 136 square meters in Suwon-si, which was owned by the Plaintiff, as well as KRW 136 square meters in the above ground and apapapa, and KRW 37.45 square meters in the aggregate of the above land and buildings (hereinafter referred to as “instant real estate”).

(hereinafter referred to as the “mortgage of this case”) B.

On August 31, 2015, F transferred the secured debt of the instant right to collateral and the instant right to collateral security to the Defendant along with the instant right to collateral security, and on September 4, 2015, F completed the additional registration before the instant right to collateral security, which was based on the transfer of the instant right to collateral security, to the Defendant.

C. On September 15, 2015, the Defendant filed an application for voluntary auction on the basis of the instant right to collateral security (hereinafter “instant distribution schedule”) and prepared a distribution schedule stating that the Defendant, who is the applicant creditor and the mortgagee, distributes KRW 90,029,430 to the Defendant on April 15, 2016 in the distribution procedure of the said auction case (hereinafter “instant case”).

The Plaintiff raised an objection against KRW 50,029,430, out of KRW 90,029,430, which was distributed to the Defendant, and filed the instant lawsuit on April 20, 2016, where one week has not elapsed thereafter.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, Eul evidence 3-1, 2, Eul evidence 16, the purport of the whole pleadings

2. Determination

A. The burden of proof in a lawsuit of demurrer against distribution is in accordance with the principle of distribution of the burden of proof in general civil procedure. In a case where the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the fact of the cause of the claim, and where the plaintiff claims that the claim was invalidated as a false declaration of agreement or extinguished as a result of repayment, the plaintiff is liable to prove the fact

And the right to collateral security is the obligation to secure it.