1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 1, 2003, the Plaintiff purchased from the Defendant the No. 403 (hereinafter “instant real estate”) No. 403 (hereinafter “the instant real estate”) of Young-do, Busan, and on July 1, 2003, completed the registration of ownership transfer in the future of the Plaintiff on the instant real estate. On July 4, 2003, the Plaintiff created the right to collateral security of KRW 50,000,000 with respect to the instant real estate in the future of the Defendant.

B. After that, the entire amount of KRW 50,000,000 of the amount to be actually distributed on the date of distribution on December 1, 2016 of the procedure for the auction of the real estate as stated in the purport of the claim (hereinafter “instant auction procedure”) commenced on May 12, 2016 regarding the instant real estate was distributed to the Defendant, who is a mortgagee, among the amount to be distributed on the date of distribution on the date of distribution as of December 1, 2016. The debtor and the Plaintiff, an owner of the instant real estate, appeared on the date of distribution, stated an objection against the total amount of dividends of the Defendant, and filed the instant lawsuit on December 8, 2016.

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

2. The plaintiff's assertion

A. The Plaintiff purchased the instant real estate from the Defendant in KRW 105,00,000, and paid to the Defendant for the purchase price of KRW 42,000,000 (=the purchase price of KRW 105,00,000 - the down payment of KRW 3,000,000 paid on the date of the contract - the down payment of KRW 60,000,000 paid as a loan with the right to collateral on July 1, 2003). As to the instant real estate, the Plaintiff created a collateral of KRW 50,00,000 for the Defendant’s maximum debt amount in the future.

B. After that, the Plaintiff paid to the Defendant KRW 7,00,000 on August 25, 2003, ② KRW 5,000,000 on February 4, 2004, and KRW 5,000,000 on household checks, ③ February 17, 2006, ④ KRW 20,000 on July 30, 2007, respectively, and repaid the remainder.

C. As such, since all of the secured claims of the above right to collateral security were extinguished, the defendant did not have any money to be distributed in the auction procedure of this case.

Therefore, 50,000,000 won distributed to the defendant shall be deleted, and the other creditors shall be given the order of claim and the amount of claim.