1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff asserts that he/she holds a claim equivalent to KRW 12,650,000 against the ASEAN Construction Industry (hereinafter “ASEAN Construction Industry”) and completed the registration of entry into a provisional attachment on September 4, 2013 with regard to five officetels owned by the ASEAN Construction Industry including the officetels Nos. 803 and 805 (hereinafter “instant officetel”) located in the Nam-gu Incheon Metropolitan City and three parcels of land, including the officetels Nos. 805 (hereinafter “instant officetel”).

B. On August 20, 2012, the Defendant completed the registration of the establishment of a mortgage on the instant officetel as the maximum debt amount of KRW 50,000,000, and the debtor’s second-class establishment of a mortgage on the instant officetel as the obligor’s solitary Construction Industry.

(hereinafter “instant collateral security”). C.

On the other hand, the Gyeyang Credit Union, which is a senior mortgagee on an officetel owned by the Arabic Construction Industry including the instant officetel, filed an application for voluntary auction of real estate with the Incheon District Court C on November 25, 2016, and decided to commence voluntary auction on November 25, 2016. In the above auction procedure, the said court prepared a distribution schedule containing the content that distributes KRW 15,709,52 out of the amount to be actually distributed to the Defendant, who is a mortgagee, as a right to collateral security.

On the above distribution date, the Plaintiff, who did not receive the distribution, had an objection to the amount of distribution against the Defendant, and filed the instant lawsuit within seven days thereafter.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is that the Defendant, even though the maximum debt amount of the instant right to collateral security was KRW 50,000,000, indicated the claim amount as KRW 80,000,000, and applied for a report on the right and a request for distribution, etc., did not have a claim against the Arash Construction Industry

Therefore, the right to collateral security of this case is null and void due to the absence of the secured obligation, and the amount distributed to the defendant among the distribution schedule of this case.