1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The real estate of this case is originally owned by the Plaintiff. On March 13, 2012, the Plaintiff completed the registration of creation of a neighboring mortgage with respect to the land of this case, the maximum debt amount of which is KRW 90,000,000, the debtor, the mortgagee E, and the Defendant.

(2) On January 8, 2016, the Defendant completed the registration of transfer of the right to collateral security on January 8, 2014 with respect to E shares out of the instant right to collateral security (hereinafter “instant right to collateral security”). On March 16, 2016, F completed the registration of transfer of the right to collateral security on March 18, 2016, regarding KRW 60,000,000, out of the instant right to collateral security (hereinafter “right to collateral security”).

B. The Defendant applied for a voluntary auction on the instant real estate to Suwon District Court C, and the said court rendered a voluntary decision to commence auction on October 30, 2015.

C. On June 2, 2016, the said real estate was sold in the said voluntary auction procedure.

The Suwon District Court prepared a distribution schedule stating that the amount of KRW 89,538,826, which shall be actually distributed on July 8, 2016, was distributed to the Defendant, who is a mortgagee, and KRW 173,380, KRW 29,788,482, and KRW 59,576,964, which shall be distributed to F. On July 8, 2016, the Plaintiff appeared on the date of distribution and raised an objection against KRW 15,00,00 among KRW 29,78,482, which shall be distributed to the Defendant, and filed a lawsuit of demurrer against the distribution on July 14, 2016, which shall not exceed one week.

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

2. Determination

A. On March 13, 2012, the Plaintiff borrowed KRW 60,000,000 from the Defendant as interest rate of KRW 2.5% from the Defendant on March 13, 2012, and the fact that the instant mortgage was established to secure the above loan claims does not conflict between the parties.

The Plaintiff deducted the Defendant from the interest rate of KRW 6 million among the above KRW 60,000,000 ( KRW 1,500,000 per month calculated at the rate of 2.5% per month x 4 months). Thus, the entire amount of the instant loans is actually paid by the Defendant.