1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 12, 2011, the Plaintiff completed the registration of the establishment of a mortgage of KRW 130 million with respect to the real estate indicated in the attached list, which was owned by Nonparty D at the time.

(hereinafter referred to as the “instant real estate” and the “instant collateral security” are as follows. (B)

On June 5, 2012, the Defendant completed the supplementary registration of the transfer of the right to collateral security on the ground of transfer of contract on May 31, 2012.

C. On May 21, 2013, the Cheongju Agricultural Cooperative applied for a voluntary auction as a mortgagee on the instant real estate, and the Cheongju District Court rendered a voluntary decision to commence the auction on the same day.

(hereinafter referred to as “instant auction”) C. D.

On May 13, 2015, the auction court of this case prepared a distribution schedule with the content of allocating KRW 103,340,006 to the Chungcheong Agricultural Cooperatives (the first, creditor), and KRW 54,463,790, among the amount to be distributed to the real estate of this case on May 13, 2015, which is the date of distribution, to the Defendant (the second and second secured creditor), respectively.

Accordingly, the Plaintiff raised an objection against the total amount of dividends to the Defendant on the date of distribution on the said date, and filed a lawsuit of demurrer against the distribution on May 18, 2015, before one week elapses thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff had agreed to invest KRW 100 million to D, but D did not invest KRW 100 million.

During that process, the Plaintiff was unable to repay the principal and interest of six parcels of land and building, which were owned by the Plaintiff Company E, and the Plaintiff was placed in an urgent situation to be subject to voluntary auction on the said land and building. The Defendant first agreed to invest KRW 600 million in the Plaintiff, but to pay KRW 100 million after receiving the transfer of the instant collateral security by collateral.