1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 23, 2017, the Plaintiff is a mortgagee who completed the registration of establishment of a neighboring apartment G (hereinafter referred to as “instant real property”) with the debtor E on February 23, 2017, and with the maximum debt amount of KRW 60,000,000, with respect to the F apartment G (hereinafter referred to as “instant real property”).

B. On October 5, 2009, the Defendant is the first mortgagee who completed the establishment registration of a collateral security right with the debtor E on October 5, 2009 with the maximum debt amount of KRW 100,000,000 with respect to the instant real property.

(hereinafter) The Defendant’s aforementioned right to collateral security is “the instant right to collateral security,” and the registration thereof is “the registration of establishment of the instant right to collateral security.”

On October 23, 2019, the date of distribution, the execution court distributed dividends of KRW 189,00,000 to the Defendant, who was the first mortgagee, who was the successor of the second mortgagee, and distributed KRW 89,032,530 to the Defendant, the third mortgagee, who was the second mortgagee, as the successor of the second mortgagee, and the third KRW 89,032,530 to the Defendant, who was the second mortgagee, who was the second mortgagee, was the second mortgagee, as to the real estate in this case. The execution court prepared and presented a distribution schedule with the content that the Defendant, who was the second mortgagee, did not distribute dividends.

The Plaintiff, who was present on the date of distribution, raised an objection to the distribution against the Defendant in whole, and filed a lawsuit of demurrer to the distribution of this case two days thereafter.

E. As of October 23, 2019, the amount of the loan extended to the Plaintiff E as of October 23, 2019 is the principal amounting to KRW 40,000,000 and interest and delay damages and KRW 15,228,493 in total.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, and 4, the purport of the whole pleadings.

2. The plaintiff's assertion is the E, and the defendant in collusion did not have a claim to E, and the registration of the establishment of the creation of the neighboring mortgage of this case was completed by falsity.

Therefore, the instant right to collateral security.