1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 15, 2009, the registration of creation of a mortgage (hereinafter “instant mortgage”) was completed on the real estate indicated in the attached list owned by D (hereinafter “instant real estate”) with regard to the establishment of a mortgage on December 15, 2009, consisting of the mortgagee, the Defendant D, the debtor D, the maximum debt amount, 225,000,000, and on November 25, 2010, the registration of creation of a mortgage was completed on November 25, 2010.

B. The Suhyup Livestock Industry Cooperatives, a senior mortgagee of the instant right to collateral security, filed an application for voluntary auction with the Suwon District Court Sung-nam Branch C (hereinafter “instant auction procedure”) regarding the instant real estate, and received a voluntary decision to commence auction on November 12, 2015.

C. In the instant auction procedure, the auction court, at KRW 358,526,60, which was to be distributed on June 2, 2016, prepared a distribution schedule that distributes the amount corresponding to the pertinent tax to the Sungnam-si, the holder of the right to issue the said tax in the first order, the amount equivalent to the pertinent tax, and the amount equivalent to the said tax in the second order, 209,38,666, and 209,38,666, and 3rd priority, the applicant creditor and the mortgagee, the mortgagee, to the Defendant, the mortgagee, and 66,480,000, and 77,284,935 won to the Plaintiff, the mortgagee, each of whom was to be distributed (hereinafter “instant distribution schedule”).

On June 2, 2016, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount distributed to the Defendant, and filed the instant lawsuit within one week thereafter.

[Ground of recognition] without any dispute, Gap's No. 4, Gap's No. 7, and Gap's No. 8, the purport of the whole pleadings

2. Determination

A. A. On October 19, 2010, the Plaintiff’s assertion 1), the Defendant agreed to set the secured amount of the instant mortgage as KRW 20,000,000 between D’s agent and D’s written agreement on repayment of claims and obligations (a evidence No. 2 was prepared, and D repaid KRW 20,00,000 to the Defendant on July 3, 2014.

Therefore, it is true.