1. The plaintiff's claim against the defendants is dismissed.

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

1. Facts of recognition;

A. On September 26, 2012, Defendant A completed the registration of creation of a neighboring building with a maximum debt amount of KRW 60,000,000 with respect to the construction cost of the land of Yangcheon-gu Seoul E-gu Seoul building No. 109, Sept. 26, 2012 (hereinafter “instant real estate”). Defendant B completed the registration of creation of a neighboring building with respect to the instant real estate at issue as of the same day at KRW 30,00,000.

B. On October 14, 2013, the Plaintiff completed the registration of the establishment of a neighboring mortgage amounting to KRW 81,000,000 with respect to the instant real estate.

(hereinafter “instant collateral security”). C.

On December 5, 2014, the Seoul Southern District Court rendered a voluntary decision to commence the sale of the instant real estate to C on December 30, 2015. On November 30, 2015, the said court distributed KRW 410,000,000 to Defendant A and Defendant B, in the second order, with respect to KRW 30,00,000 and KRW 30,000,000 to the transferee of the Incheon Fisheries Cooperatives, and the amount to be actually distributed by taking the distribution procedures for the proceeds of sale of the instant real estate on the date of distribution on November 30, 2015.

The Plaintiff appeared on the date of distribution, and raised an objection against KRW 41,08,134 out of the amount of dividends against Defendant A, as to KRW 20,000,000 out of the amount of dividends against Defendant B, and filed the instant lawsuit on December 7, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the plaintiff's assertion that since the defendants were paid the amount of claims from D, the plaintiff should receive senior dividends than the defendants, so the distribution schedule of this case should be corrected as claimed by the plaintiff.

B. The burden of proof of the grounds for objection against distribution in a lawsuit of demurrer against distribution is in accordance with the principle of distribution of the burden of proof in general civil procedure, and the Plaintiff asserts that the Defendant’s claim was not constituted.