1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 9, 2015, the Plaintiff filed a lawsuit against B and C with the Seoul Central District Court No. 2015Gahap551, and rendered a judgment that “B and C shall jointly and severally pay to the Plaintiff 293,561,941 won and 293,337,215 won per annum from October 31, 2014 to May 12, 2015, and 20% per annum from the next day to the date of full payment.”

The above judgment became final and conclusive on November 18, 2015.

B. The Plaintiff filed an application for the commencement of compulsory auction with the Seoul Central District Court A on June 2, 2016, with respect to the 114.90 square meters of reinforced concrete structure No. 301, No. 106, 301, and 114.90 square meters (hereinafter “instant real estate”) owned by Jongno-gu Seoul, Jongno-gu, Seoul, and there was a decision on compulsory commencement of auction on the instant

C. On November 8, 2012, the Defendant was established with respect to the instant real estate from C, the maximum debt amount of KRW 525,60,000,00, and the right to collateral security with the debtor C and the mortgagee as the Defendant. On the date of distribution of the auction on the instant real estate, the distribution schedule was formulated that the Defendant distributes the amount of KRW 494,960,082 as the right to collateral security, and KRW 59,592,292 as the applicant creditor, respectively, to the Defendant.

The Plaintiff appeared on the date of distribution, and made a statement of demurrer against distribution regarding KRW 13,457,630 among the Defendant’s dividends, and filed a lawsuit of demurrer against distribution within two weeks thereafter.

2. Plaintiff’s assertion and judgment thereon

A. The Plaintiff’s assertion was written on the claim that the Defendant demanded distribution as a collateral security holder, ① the principal amount: 438,00,000 won, and the Defendant lent C the amount of KRW 438,000,000 on November 12, 2012 to C, and the amount of the secured debt and its interest thereon, ② the principal amount: 12,00,000,000 won, and the Defendant’s credit loans under the loan transaction agreement as of November 12, 2012, as of November 8, 2012, which was received on November 8, 2012 from the registration office of the Seoul Central District Court, and written on the claim statement.

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