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 the debtor and the owner of the Suwon District Court A real estate auction case with respect to land 57 square meters and 410 square meters and 57 square meters (hereinafter “instant land”).

B. The Plaintiff, the Korea Investment Savings Bank, Inc. (hereinafter “Korea Investment Savings Bank”), with respect to the instant land as the maximum debt amount of 16.8 billion won and the Plaintiff as the debtor, completed the registration of the establishment of the neighboring establishment as the Suwon District Court No. 6929, Apr. 28, 2008.

(hereinafter “instant right to collateral security”). On June 25, 2015, on the ground that the instant right to collateral security was transferred on June 15, 2015, the supplementary registration of the transfer of the Defendant’s right to collateral security was completed.

C. Upon the application of the Korea Investment Savings Bank, which is the right to collateral security of the instant land, the Suwon District Court started the auction procedure on the instant land, and at the above auction procedure, the executing court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant, who is the right to collateral security of the instant land, distributes KRW 15,465,671,171 to the Defendant, who is the right to collateral security of the instant land.

On the date of distribution, the Plaintiff raised an objection to the portion exceeding KRW 11,653,418,171 out of the dividends against the Defendant, and thereafter filed the instant lawsuit on June 7, 2016, within one week from that date.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. As of May 31, 2016, the Plaintiff asserted that, as of May 31, 2016, the amount of the secured debt of the instant right to collateral security was KRW 11,653,418,171, and the Defendant received dividends of KRW 15,465,671,171 in excess of the secured debt amount during the instant auction procedure, and accordingly, the Defendant’s dividend amount should be corrected to KRW 11,653,418,171.

However, as of May 31, 2016, there is no evidence to prove that the amount of the secured debt of the instant right to collateral security is KRW 11,653,418,171.

Rather, written evidence Nos. 1 and 2 are written.