1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 29, 2003, the Plaintiff and C completed the registration of ownership transfer with respect to each of 1/2 shares of D 178 square meters and 51.52 square meters of 5 square meters of 106.69 square meters of 106.69 square meters of 2 stories, 106.69 square meters of 3 stories, 106.69 square meters of 4 stories (house), 106.69 square meters of 5 stories (house), 17.28 square meters of 5 stories (store), and 51.52 square meters of 51.2 shares of 1/2 of 4 stories (hereinafter “instant land and building”).

B. On the other hand, on September 14, 2012, E completed the registration of the establishment of a collateral security right for each of one-half shares of C, among the instant land and buildings, the maximum debt amount of KRW 75,00,000,000, the debtor C and the mortgagee E, and the Defendant completed the registration of the establishment of a collateral security right for the foregoing collateral security right on April 17, 2015.

C. After that, on December 1, 2016, the auction court, as the owner of 1/2 shares among the instant land and buildings, distributed to the Plaintiff KRW 294,66,728 of surplus earnings, and KRW 76,788 of KRW 75,00,00 as the applicant creditor, and drafted a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 75,00,00,00 as the mortgagee of the right to collateral security (hereinafter “instant distribution schedule”) to the Defendant.

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

2. The assertion and judgment

A. The plaintiff's assertion is a person who has established a pledge on the establishment of a neighboring mortgage on the one-half share of C among the land and buildings of this case, and is paid dividends of KRW 75,000,000 from the successful bid price of all the land and buildings of this case, although the defendant was paid dividends of KRW 1/2 share of each of the 1/2 shares of Section C.

As a result, 37,500,000 won = 75,000,00 won should be distributed to the Plaintiff as the owners of one-half shares among the land and buildings of this case.