1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C completed the registration of ownership transfer on October 29, 1988, D and 3 apartment units E (hereinafter “instant real estate”) on the third-story apartment units on the ground of Yongsan-si, Changwon-si, Changwon-si, 1988.

B. On March 14, 2011, the FF Association completed the registration of the establishment of a joint ownership of the instant real estate, etc. with the maximum debt amount of KRW 52,00,000,00 with respect to the instant real estate, etc., and completed the registration of the establishment of a joint ownership of the debtor C on November 25, 201, and C’s joint establishment of a mortgage.

C. On December 31, 2012, the Plaintiff, a pro-friendly resident of C, filed a provisional registration of the right to claim ownership transfer based on the purchase and sale promise on December 31, 2012. Based on the above provisional registration, the ownership transfer registration was registered on January 8, 2016. However, on May 8, 2018, the said provisional registration and the principal registration were cancelled on the ground of revocation of fraudulent act on February 21, 2018.

The defendant applied for a compulsory auction on the instant real estate, etc. owned by Changwon District Court Msan Branch G for the compulsory auction.

E. In the above auction procedure, the executing court made an inquiry into the FF Association about the amount of secured debt, etc., and the FF Association respondeded on April 11, 2019 that there was no secured debt due to full repayment of the loan credit.

F. Accordingly, as the third-order applicant creditor, the Defendant distributed the amount of 59,086,970 won out of the amount of credit 98,000,000 to the Defendant, and the F Association prepared a distribution schedule that did not distribute the amount of credit to the F Association and became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap-5, 9, 10, Eul-2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion constitutes a person who has a legitimate interest to repay a loan to the F Association on behalf of C, and as a junior general creditor, and thus, he/she naturally acquired a loan claim of the F Association and a right to collateral security to secure this, pursuant to Article 481 of the Civil Act.

Since the Plaintiff distributed the amount to be distributed to the Defendant as a senior mortgagee in the dividend procedure, the Defendant is out of the above dividends.