1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 5, 2003, F completed the registration of ownership transfer with respect to the building of 2nd floor G in Jung-gu, Daejeon (hereinafter “instant real estate”). On January 21, 2010, the Defendant completed the registration of ownership transfer with respect to the said real estate, the establishment of a mortgage over KRW 150 million with respect to the debtor F and the maximum debt amount (hereinafter “registration of creation of a mortgage over the instant real estate”).

B. The Plaintiff, a creditor of F, filed an application for a compulsory auction of real estate with Daejeon District Court C. On October 10, 2014, the executing court distributes KRW 57,275,946 to the Defendant, a mortgagee, who is the right to collateral security, in the order of 7,275,946, out of the amount to be actually distributed after deducting the execution cost from the proceeds of sale

C. On October 10, 2014, the Plaintiff raised an objection against KRW 13,00,000 among the Defendant’s dividends on the date of distribution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Plaintiff’s assertion and determination as to the cause of claim

A. The registration of the establishment of a mortgage on the Plaintiff’s assertion that the establishment of a mortgage on the instant case was made by the Defendant and F despite the absence of the secured debt. Therefore, the auction court’s finding the Defendant as a collateral security holder and paying dividends is unlawful.

B. In light of the following circumstances, it is insufficient to recognize that the registration of establishment of a mortgage of this case was a registration invalidation of cause for which the secured claim does not exist, solely on the basis of the statement Nos. 5 through 8, which is acknowledged by comprehensively considering the purport of the entire pleadings in each of the statements Nos. 1 through 6, and there is no other evidence to

① The Defendant asserts that the establishment registration of the instant neighboring district was completed in order to secure the purchase price to be supplied with pigs to the F who operated H farm, and the Defendant presents materials proving the facts of transaction with F, such as the sales contract, the certificate of swine movement, and the details of deposit against F with the Defendant.

② In addition, the defendant from December 8, 2009.