1. The plaintiff's claim is dismissed.

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

1. On November 5, 2008, with respect to the registration of creation of a mortgage on the first floor of the D Center No. 106 (hereinafter “the instant real property”), the mortgage on the establishment of a mortgage on the part of the debtor, the plaintiff, the mortgagee, and the defendant of the right to collateral security (hereinafter “the first collateral mortgage”) was completed on September 10, 2009 with regard to the registration of establishment of a mortgage on the first floor of the D Center No. 106 (hereinafter “the instant real property”), respectively, on September 10, 2009, the maximum debt amount of KRW 240 million (hereinafter “the second collateral mortgage”).

On May 20, 2014, upon the application of E, another mortgagee of the instant real estate, the Suwon District Court rendered a decision to commence an auction of real estate rent, which was rendered by the Suwon District Court, on May 20, 2014. On March 9, 2015, the said court drafted a distribution schedule (hereinafter referred to as “existing distribution schedule”) in which the Defendant distributes each of the Defendant’s dividends of KRW 140,228,220 to the Defendant (hereinafter referred to as the “existing distribution schedule”) in the fifth order on the date of distribution of the said auction on the grounds that the Defendant is the first collateral mortgagee of the instant case, and the Defendant is the second collateral mortgagee of the instant case.

The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against KRW 100,000,000,000, out of KRW 4770,000 against the Defendant of the previous distribution schedule of this case, and filed a lawsuit of demurrer against the Defendant.

In the first instance court of a lawsuit of demurrer against the distribution, the judgment against the Plaintiff was rendered (this Court Decision 2015Da4106, Nov. 12, 2015); however, the appellate court rendered a final and conclusive judgment of winning the Plaintiff’s judgment (U.S. District Court Decision 2015Na43506, Jul. 8, 2016) that “retail the amount of dividends of KRW 470,000,000,000,000,000 in the amount of dividends of KRW 50,000,000,000 in the order of dividends against the Defendant in the previous distribution schedule,”

According to the above final and conclusive judgment, additional dividends for KRW 100 million reduced out of the amount of dividends were paid to the Defendant. On July 20, 2016, the above court held that the Defendant paid the amount of KRW 99,771,780 to the Defendant on the ground that the Defendant is a mortgagee of the right to collateral security on the ground of the additional distribution date.