1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 25, 2013, there was a decision to commence compulsory auction on April 25, 2013 with respect to the shares of 608, 1701, 1701, and 1/2 (hereinafter “instant real estate”) of the former E apartment (hereinafter “instant real estate”), and accordingly, the auction procedure on the instant real estate (hereinafter “instant auction procedure”) was conducted.

B. The instant real estate was sold to F on December 11, 2013.

C. In the instant auction procedure, in allocating the amount of KRW 153,508,663 to be actually distributed on January 27, 2014, the date of distribution, the said court: (a) distributes KRW 24,700,569 to G, the first priority wage obligee; and (b) distributes KRW 278,520 to G, the second priority wage obligee; and (c) distributes KRW 60,000,00, the maximum debt amount to the Defendant, the mortgagee, the third priority; and (d) subsequently, distributes the amount of KRW 54.94% of their respective credit amount to the Plaintiff, the holder of the right to deliver the National Health Insurance Corporation, the military tax office, the head of Seocho District Tax Office, and the junior mortgagee, the distribution schedule was formulated in the way of distributing the amount of each claim to the Plaintiff, who is the holder of the right to deliver the mortgage.

The Plaintiff appeared on the date of distribution, and stated an objection against the amount distributed to the Defendant, and filed the instant lawsuit on January 29, 2014.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Upon the Defendant’s request, the Defendant lent the money to D by means of account transfer from June 3, 201 to December 26, 2011, the sum of KRW 54,250,000 to the deposit transaction accounts under the name of H, I, and J designated by D. In order to secure the above loan claim, the Defendant set up a right to collateral security with the maximum debt amount of KRW 60,00,000 on March 23, 201 on the instant real estate.

B. The Plaintiff’s assertion that the Defendant remitted money to the account under the name of H, I, and J as designated by D does not actually have any monetary loan between the Defendant and D, but the Defendant and D in collusion with each other.