1. The plaintiff's claim is dismissed.

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

Facts of recognition

On April 13, 2015, Plaintiff 20,000, April 20, 2015, Plaintiff 20,000 on April 14, 2015, and Plaintiff 3, 20,000 on April 14, 2015, April 2015, 2015, Plaintiff 40,000, April 40, 2015, Plaintiff 5, June 30, 2015, Plaintiff 6, June 30, 19,000, KRW 700,000, September 30, 2015, the Defendant paid each of the Plaintiff’s respective payment dates to Plaintiff 30,000, September 30, 200, Plaintiff 100, 2000; and

On April 14, 2015, the Plaintiff completed the registration of the establishment of a joint mortgage on each real estate listed in the separate sheet No. 1 (hereinafter collectively referred to as “each of the instant real estate”) owned by the Plaintiff to the Defendant on April 14, 2015, with the Daejeon District Court Decision No. 4994, the maximum debt amount of KRW 120,000,000

(2) The Plaintiff paid KRW 11,564,00 in total to the Defendant from April 27, 2015 to January 8, 2017, as shown in attached Table 2.

On March 31, 2017, according to the defendant's application, the auction procedure was initiated to the court C on March 31, 2017.

At the time of the above request for auction, the Defendant filed a report on the amount of KRW 100 million per annum with respect to KRW 25% per annum from June 1, 2016 to the date of full payment, and KRW 40 million per annum with respect to KRW 25% per annum from June 1, 2016 to the date of full payment, and KRW 25% per annum from May 2, 2016 to the date of full payment.

(Total 142,671,232) On February 1, 2018, with respect to the above voluntary auction case, on the date of open distribution on February 1, 2018, the above court prepared a distribution schedule with the content that distributes the dividends of KRW 25,840,840,840 and KRW 21,685,639 to the Defendant, the applicant creditor, who is the senior mortgagee, in the second order.

(hereinafter “instant distribution schedule”). The Plaintiff, as the debtor and owner, appeared on the date of distribution of the instant case, and raised an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on February 5, 2018.

【Ground of recognition】 dispute.