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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. With respect to each land owned by C, the Plaintiff registered the establishment of a mortgage of KRW 600,000 on June 16, 2009, on the grounds of a mortgage agreement made on June 11, 2009, with respect to the land owned by C, and KRW 200,000,000 on the land owned by C as of January 5, 2009, on the ground of a mortgage agreement made on June 15, 2009. The Plaintiff completed the registration of the establishment of a mortgage of KRW 200,000 on May 15, 2009.
B. On October 28, 2009, the Defendant received a provisional attachment decision of KRW 331,000,000 (C Changwon District Court 2009Kahap339) from each of the above real estate claims amounting to KRW 331,00,000, and completed the entry registration.
C. On March 3, 2010, the head of Seocho Agricultural Cooperative, another creditor, filed an application for the auction of real estate rent with the Changwon District Court for each of the above real estate, the decision of commencing auction was rendered on March 3, 2010. In the above auction procedure, the court of execution opened the date of distribution on April 19, 201, and prepared a distribution schedule stating that the mortgagee did not distribute the said real estate to the Plaintiff, the mortgagee, and that the Defendant, the person having the right of provisional seizure, who is the right of provisional seizure.
On April 26, 2011, the Defendant presented an objection to the total amount of KRW 477,219,935 of the Plaintiff’s dividend amount, and filed a lawsuit of demurrer against the distribution of the Plaintiff (hereinafter “instant lawsuit”) with the purport that “Inasmuch as the Plaintiff did not have any obligation relationship with C, and concluded a false mortgage contract and completed the establishment registration of a mortgage, the Plaintiff’s dividend amount, which is a false mortgagee, should be reduced, and the Defendant’s dividend amount should be corrected to KRW 40,000,000,” the Defendant’s dividend amount should be corrected to KRW 40,000.
E. The Defendant’s instant lawsuit was dismissed on August 25, 2011, which was the head of the Changwon District Court, 201Gahap1398. While the Defendant appealed, the Defendant’s appeal was dismissed on July 6, 2012 by Busan High Court Decision 201Na4035, and the appeal was dismissed on July 25, 2012.