1. The plaintiff's claim is dismissed.

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

Basic Facts

With respect to each real estate listed in the separate sheet, which was owned by D as to the instant real estate (hereinafter collectively referred to as the “instant real estate”), ① the registration of creation of a mortgage on January 18, 201, consisting of the maximum debt amount of KRW 200 million, the debtor D, and the creditor E, ② the maximum debt amount of KRW 20 million, the debtor D, and the mortgagee F, the registration of creation of a mortgage on June 15, 2012 (hereinafter referred to as the “second secured mortgage”), ③ the registration of creation of a mortgage on October 23, 2013 with the debtor D, the maximum debt amount of KRW 30 million, the debtor D, and the mortgagee G (hereinafter referred to as the “third secured mortgage”).

Plaintiff

On December 23, 2014, the Defendant completed the registration of transfer of the right to collateral security under the name of the Defendant, ① the registration of transfer of the right to collateral security under the name of the Defendant, ② the registration of partial transfer of the right to collateral security on the ground of partial transfer of the contract.

On November 30, 2015, the Plaintiff completed the registration of the transfer of the third right to collateral security on the ground of the transfer of the confirmed claim.

With respect to the instant real estate in progress of the instant auction procedure, ① the compulsory auction procedure (this court C) on June 29, 2016 at the creditor’s application of H, and ② the voluntary auction procedure on November 4, 2016 (hereinafter collectively referred to as the “instant auction procedure”) began on November 4, 2016 upon the application of the International Association, which is a collateral security, (a).

On July 12, 2017, in the instant auction procedure, the distribution schedule was prepared, stating that KRW 300 million was distributed to the Defendant (i.e., KRW 200 million as the mortgagee of the first right to collateral security in the order of KRW 30 million and KRW 100 million as the mortgagee of the second right to collateral security), and that the distribution schedule (hereinafter “instant distribution schedule”) was not distributed to the Plaintiff, who is the mortgagee of the third right to collateral security.

The plaintiff appeared on the date of the above distribution and raised an objection against the total amount of the defendant's dividends.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number if there is a serial number).