1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 12, 2001, the Defendant concluded a contract to establish the right to collateral security (hereinafter “instant real estate”) with respect to the real estate indicated in the [Attachment List C (hereinafter “instant real estate”) owned by C, as to the mortgagee, the Defendant, and the maximum debt amount, and completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) under the name of the Defendant, No. 2999, which was received on February 12, 2001.

B. As to the instant real estate, the procedure for the auction of the real estate B in the Jeonju District Court, the Plaintiff participated in the said auction procedure and claimed a distribution of the amount of KRW 536,101,887 as a person holding the provisional seizure against C.

C. On December 8, 2016, the executing court distributed a total of KRW 58,056,849 to the Defendant, who is the first secured mortgage.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion argues that the amount of dividends against the Defendant should be deleted and distributed to the Plaintiff on the ground that the secured claim of the instant right to collateral (hereinafter “Plaintiff’s claim”) or the instant right to collateral security (hereinafter “Plaintiff’s claim”) was null and void as a false agreement, on the ground that there was no existence of the secured claim of the instant right to collateral security (hereinafter “the Plaintiff’s claim”), or on the ground that the secured claim of the instant right to collateral security (hereinafter “the Plaintiff’s claim”).

B. The burden of proving the grounds for objection against distribution in a lawsuit of demurrer against distribution is also in accordance with the principle of distribution of the burden of proof in general civil procedure. In the event that the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim and where the plaintiff claims that the claim is invalid as a false declaration