1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 7, 2010, the Plaintiff secured 285 square meters (hereinafter “instant land”) and 2 parcels (the land category of January 17, 2012 changed from the Hanwon Credit Union (hereinafter “the instant land”) as well as 30816, which was received on April 30, 2010 from the Goyang-gu District Court, the registration office for Goyang-gu, the registration office for Goyang-gu, the Seoul District Court, the maximum debt amount of KRW 472,360,00, the debtor, the Plaintiff, and the mortgagee of the collective security (hereinafter “instant collective security”).

) A loan of KRW 337,400,000 (hereinafter “the instant loan”) was granted.

B. The Korea Central Credit Union filed an application for voluntary auction for the instant land E with Goyang-gu District Court High Court (hereinafter “instant voluntary auction”), and the said court rendered a decision to commence voluntary auction on July 14, 2014.

C. On October 22, 2014, the Defendant completed the registration of the transfer of the right to collateral security from the original credit union on October 22, 2014.

In the instant voluntary auction, on November 1, 2016, the court set up a distribution schedule that distributes the amount of KRW 1,620,780 to the Pakistan and KRW 251,120,658 to the Defendant in the second order.

E. On November 11, 2016, the Plaintiff stated an objection against the total amount of dividends to the Defendant on the date of distribution of the voluntary auction of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 6 to 9, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff did not agree to the transfer of the right to collateral security and the right to loan of this case between the original credit union and the defendant, and the defendant did not have an interested party to the land of this case, and the defendant acquired the right to collateral security and the right to loan of this case through transfer of contract even though it is not an interested party to the land of this case, it is unreasonable that the defendant received dividends of KRW 251,120

A claim shall be assigned on the basis of its nature.