1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a creditor of F with respect to F and the second secured mortgage holder (the highest bond amount of KRW 45,500,000) established in the Busan Northern apartment H (hereinafter “the instant real estate”) located in Busan Northern-gu G Apartment (hereinafter “the instant real estate”). The Defendant is a creditor with respect to F and the first secured mortgage holder (the highest bond amount of KRW 166,80,000,000) established in the instant real estate.

B. The Defendant applied for a voluntary auction on the instant real estate to Busan District Court Seo-Support E.

On October 31, 2019, the auction court distributed the total amount of 181,943,357 won to the persons holding the right to deliver the amount of 181,943,357 won, and to the Busan Vice-Governor of the National Health Insurance Corporation. The court distributed the maximum debt amount of 166,80,000 won to the defendant who is the mortgagee of the right to collateral security, and prepared a distribution schedule to distribute the amount of 14,937,307 won to the I Co., Ltd.

C. The Plaintiff raised an objection against KRW 15,465,211 out of the amount of distribution to the Defendant as an interested party on the date of distribution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion is that the actual secured debt of the instant right to collateral security amounting to KRW 139,00,000 on July 31, 2017 is KRW 139,000, and that the self-reliance deposit loan on July 30, 2017 is not included in the secured debt of the instant right to collateral security. As such, out of the dividend amount against the Defendant of the instant distribution schedule, the amount of the instant dividends against the Defendant, the amount of KRW 14,937,307, exceeding KRW 151,34,789, which was the sum of the principal and interest on loans from July 31, 2017, exceeds KRW 14,937,307, which was the sum of the principal and interest on loans from the Defendant of the instant distribution schedule, shall

B. Comprehensively taking account of the written evidence Nos. 1 and 2 as a whole, the owner F of the instant real estate prepared a written contract (Evidence No. 1) with the aim of establishing the instant right to collateral security on July 31, 2012, and F and the Defendant.