1. The plaintiff's claim is dismissed.

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

1. On April 14, 2009, the Plaintiff completed the registration of the establishment of a collateral security holder, the maximum debt amount of which is KRW 390,00,000, and the registration of the establishment of a collateral security (hereinafter “registration of the establishment of a collateral security”) to the Defendant on the two-story building (hereinafter “each of the instant real estate”) outside of the said site, G G 436.3 square meters, and on the one hand, on the other, on April 14, 2009.

After that, on May 13, 201, the application of the association of the mortgagee I for each of the instant real estate was initiated on May 13, 201, Jinwon District Court E, F (Dupl) voluntary auction procedure.

On May 26, 2014, the above court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 26,861,385 to the Defendant, a mortgagee, who is the right to collateral security (hereinafter “instant distribution schedule”) in the above auction procedure.

The Plaintiff, who is the debtor and owner, was present on the date of the above distribution, and stated an objection against the whole amount distributed to the Defendant, and thereafter filed a lawsuit of demurrer against the distribution on May 30, 2014, which was within seven days thereafter.

[Reasons for Recognition] Gap evidence Nos. 2, 16, 17, Eul evidence Nos. 16 and 17, the purport of the whole pleadings

2. The parties' assertion

A. On March 10, 2009, H borrowed KRW 294,000,00 from the Defendant, and the Plaintiff completed the registration of the establishment of a neighboring mortgage in order to secure the above loan obligation.

However, the Defendant received the dividend amount of KRW 47,084,950 in the distribution procedure of the Changwon District Court J case, KRW 336,283,220 in the distribution procedure of the K case in the Changwon District Court J case, and KRW 54,550,010 in the amount of debt under the conciliation protocol of the case No. 177 of Changwon District Court case No. 2017, the Plaintiff received KRW 437,918,170 in the amount of debt.

(In addition, the Plaintiff asserted that H and the Plaintiff’s husband B repaid to the Defendant the sum of KRW 54,550,000 from March 10, 2009 to December 28, 201). Therefore, since the secured obligation of the instant right to collateral security was fully repaid, the instant case where KRW 26,861,385 was distributed to the Defendant.