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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. E obtained a decision on July 12, 200 on the provisional seizure of real estate from this court on July 14, 200 and completed the provisional seizure registration of each of the above real estate on July 14, 200, and completed the joint creation of a mortgage on July 30, 200 with the maximum debt amount of KRW 20 million on July 30, 200.
B. On February 3, 2003, the Plaintiff received a decision of provisional seizure on real estate from this court on February 3, 2003, and completed provisional seizure on each of the above real estate on February 5, 2003.
C. On December 17, 2012, when the registry of the instant 5 real estate was closed, F completed the registration of initial ownership of the instant 4 real estate on December 17, 2012, and on the same day, F completed the registration of initial ownership of the instant 4 real estate to E, which added the instant 4 real estate as the security of joint collateral on July 30, 203.
E applied for voluntary auction on the instant real estate Nos. 1 through 4, and the decision of voluntary auction was rendered on January 29, 2013 by Gwangju District Court G.
E. On March 13, 2013, Defendant B, the mother of F, asserted that he was a small lessee at the above auction procedure, and filed an application for a report on the right and a request for distribution.
F. On December 26, 2013, the Gwangju District Court drafted a distribution schedule that distributes each of the dividends of KRW 14,000,00 to Defendant B, and KRW 68,330,245 to E’s heir C, and KRW 8,174,314 to the Plaintiff.
G. The Plaintiff appeared on the date of the foregoing distribution, and raised an objection against the whole amount of dividends of Defendant B and C, and filed a lawsuit of demurrer against distribution on December 31, 2013.
H. C: (a) died on December 7, 2014; and (b) Defendant D, H, I, and J agreed on the ownership of C’s inherited property after consultation on the division of inherited property on December 19, 2014.
[Ground of recognition] dispute.