1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 10, 2010, the Plaintiff: (a) borrowed KRW 240,00,000 from the Incheon Livestock Cooperative to secure it; (b) concluded a mortgage agreement with the Plaintiff, the mortgagee, the mortgagee-mortgage-based livestock cooperative, the maximum debt amount of KRW 312,00,000 with respect to the land of the said three parcels of land, which was owned by the Plaintiff and C with one-half share; and (c) completed the registration of the establishment of a mortgage agreement with the Daejeon District Court No. 109138, Dec. 10, 2010, with respect to the land of the said three parcels of land (hereinafter “each of the instant parcels of land”).

B. On November 4, 2015, the Seoan Livestock Industry Cooperatives filed an application for voluntary auction on each of the instant lands based on the instant collateral security and commenced the voluntary auction procedure to this court B (hereinafter “instant auction procedure”). Each of the instant lands was sold to G on May 2, 2016.

C. Of the amount to be actually distributed on the date of distribution on June 2, 2016, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that, among the amount to be distributed on the date of distribution, KRW 261,110,268, KRW 98,980 in the order of first priority to the south-gu, Dong-gu, dong-gu, the mortgagee of the right to seize, and KRW 207,343,429 in the order of second priority to the applicant creditor and the mortgagee of the right to seize, and KRW 53,667,859 in the remaining amount to the Defendant of the seizure authority.

On the date of distribution, the Plaintiff raised an objection to KRW 26,83,929 against the Defendant on the date of distribution, and thereafter filed the instant lawsuit on June 8, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiff’s assertion that the loan transaction agreement between the Plaintiff and the Seoan Livestock Industry Cooperatives was prepared in the name of only the Plaintiff married. However, since the Plaintiff and C actually received a loan from the Plaintiff and C, half of the above loan obligations must be repaid by C.