1. The plaintiff's claim is dismissed.

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

1. With respect to the instant real estate on six parcels, other than 500 square meters of forests and fields, which are owned by the Plaintiff on the ground of the contract on February 16, 2015, the establishment registration of the instant neighboring land, which was completed on March 20, 2015, by the mortgagee, the Defendant, and the obligor, the maximum debt amount of KRW 100 million, as the ground of the contract.

On April 22, 2015, upon the application of the Suwon District Court on the said real estate, the procedure for the auction of the real estate deposit C with the Suwon District Court was commenced, and on March 9, 2016, a distribution schedule was prepared to distribute the amount of KRW 46,429,415 to the Defendant, who is the mortgagee of the right to collateral security.

The plaintiff raised an objection to the whole amount of the above dividends to the defendant.

[Ground of recognition] Facts without dispute between the parties, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleadings

2. Determination

A. The gist of the plaintiff's assertion 1) The plaintiff argued that, while the non-party E agreed to lend KRW 100 million to the defendant, the registration of the establishment of the creation of the neighboring real estate of this case was completed upon request of the plaintiff with respect to the real estate of this case, and the defendant, at the time of the registration of the establishment of the neighboring real estate, only paid KRW 100,000 to E when the senior collateral obligation under the name of the Donsan Savings Cooperatives was terminated, and since the auction procedure on real estate was commenced in the state where the loan was not yet issued, and the distribution schedule that pays dividends to the defendant was prepared, the distribution schedule should be revised to be distributed to the plaintiff. 2) The defendant asserts that the registration of the establishment of the neighboring real estate of this case should be paid KRW 80,000 with the agreement amount in civil and criminal cases,

B. The burden of proof of the grounds for objection against distribution in a lawsuit of demurrer against distribution is in accordance with the principle of distribution of the burden of proof in general civil procedure, so the Plaintiff did not establish the Defendant’s claim.