1. The plaintiff's claim is dismissed.

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

1. Basic facts - Each real estate indicated in the separate sheet “Indication of the real estate” (hereinafter “each of the instant real estate”) was originally owned by the Defendant. As to each of the instant real estate, the Defendant owned each of the instant maximum debt amount of 360,000,000 won, C, the debtor C, the Plaintiff’s maximum debt amount of 40,000,000 won, and C, the debtor C, respectively.

- After that, upon the Defendant’s request, the auction procedure of real estate auction was initiated in this Court B with respect to each of the instant real estate. On July 27, 2015, the distribution schedule was prepared to receive the distribution of KRW 350,101,605 in the second priority order, and KRW 21,847,256 in the second priority order.

- The Plaintiff appeared on the date of the above distribution and raised an objection against KRW 18,152,744 out of the amount of distribution to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 2 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion C promised to reduce the amount of KRW 360,000,000 to KRW 325,000,000 as the loan debt of KRW 29,00,000, out of the Defendant’s secured debt of the said secured debt.

Therefore, the defendant can receive dividends only within the scope of KRW 325,00,000 in the above distribution procedure. Thus, the dividend amount of KRW 21,847,256 against the plaintiff in the above distribution schedule should be 40,00,000, and the dividend amount of KRW 350,101,605 against the defendant should be corrected to KRW 331,948,861.

B. (1) Determination (1) As to the Plaintiff’s assertion, each statement of No. 4-1 and No. 2, consistent with the fact of the reduction agreement on the maximum debt amount, is difficult to believe as is, and the statement of No. 3 alone is insufficient to recognize the above reduction agreement, and there is no other evidence to

In addition, even if there was an agreement to reduce the maximum amount of debt as alleged by the Plaintiff, insofar as the registration of modification on the right to collateral security has not been made, the maximum amount of debt shall be KRW 325,00,000 immediately.