1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 7, 2002, the Defendant entered into a mortgage contract with the Defendant and the mortgagee of the right to collateral security (hereinafter “mortgage contract of this case”) with respect to the Defendant, the obligor and the mortgagee of the right to collateral security, and the maximum debt amount as KRW 117,00,00 with respect to the Defendant’s building C (hereinafter “the instant real property”). On September 9, 2002, the Defendant entered into a mortgage contract with the Defendant to secure the obligation arising from a specific contract between the Defendant and B, and completed the registration of the establishment of the right to collateral security under the Defendant’s name.

B. On September 12, 2002, the Defendant loaned 90,000,000 won to B as a general loan of the subject of loan, household funds, and loan period of five years, the above right to collateral security (hereinafter referred to as the “existing loan”).

After that, on September 12, 2007, the Defendant appropriated 90,000,000 won for the repayment of the existing debt by setting the general loan of the loan subjects, household funds, and the loan period of five years.

C. On December 14, 2016, upon the Defendant’s application, in the procedure of the auction of real estate rent to Incheon District Court Branch A, which commenced with respect to the instant real estate on December 14, 2016. On August 2, 2017, the said court, in the order of August 2, 2017, prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) that distributes the dividends of KRW 27,976,951 to the Plaintiff, a mortgagee (mortgage 261,90,000), who is the mortgagee, in the order of priority, to the Defendant, in the fifth order. The Plaintiff raised an objection against the entire amount of dividends to the Defendant on the date of distribution, and filed a lawsuit of demurrer against the instant distribution on August 9, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 10-1 and 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the mortgage contract of this case set the scope of the secured obligation secured by the right to collateral security as a specific collateral security, and the scope of liability according to the specific collateral security in the terms and conditions of the contract is “specified contract.”