1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On December 30, 2010, with respect to the land outside Gyeonggi-gun D, and eight parcels of land (hereinafter “instant real estate”), the registration of the establishment of a neighboring mortgage was completed with the maximum debt amount of KRW 729,60,000,00 on December 30, 201, and with the debtor E-mortgage and the F-mortgage, and on May 24, 2016, the additional registration of the transfer of the right to collateral was completed in the name of G Co., Ltd. as to the said right

(B) The registration of the foregoing right to collateral security (hereinafter “instant right to collateral security”).

With respect to the registration of the instant right to collateral security, the supplementary registration of the right to collateral security (hereinafter “the right to collateral security”) under the name of H Co., Ltd. (hereinafter “the right to collateral security”) was completed on May 24, 2016, the additional registration of the right to collateral security (hereinafter “the right to collateral security”) under the name of H was completed, and the additional registration of the right to collateral security (hereinafter “the right to collateral security”) was completed on August 30, 2016.

C. On May 24, 2016, the Defendant lent KRW 70,000,00 to I, a corporation, one year of lending, and eight point4% per annum. The Defendant agreed with I, a corporation, to receive the second pledge as a security for the said loan claim, and completed the additional registration on April 5, 2017, on the ground of the assignment of the credit as of April 4, 2017, for the second pledge in the name of the Defendant.

On February 29, 2016, on the ground of the application for voluntary auction based on the second pledge of the I Co., Ltd., the procedure for the voluntary auction of real estate (hereinafter “instant auction”) was initiated by JJ of the District Court with respect to the instant real estate.

On April 24, 2018, the auction court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) with the content that distributes KRW 68,926,52 to the Defendant, a second pledgee, in the second order of 257,459,906, and the second order of 68,926,52 to the Defendant, a second pledgee.

On the date of distribution, the plaintiff raised an objection against the whole amount of dividends of the defendant.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5, and the whole pleadings.