1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 22, 2013, the Defendant loaned KRW 50,000,00 to B, and on the same day, received the registration of creation of a mortgage with the maximum debt amount of KRW 60,000,000 with respect to the C building 1106, 501 (hereinafter “instant real estate”) in Gwangju Mine-gu, Gwangju (hereinafter “instant real estate”).

(hereinafter “instant 1-mortgage”). B.

The Defendant loaned interest of KRW 157,00,000 to B on February 5, 2015, interest rate of KRW 5.73% per annum, and on February 5, 2018 (hereinafter “instant loan”). On the same day, the Defendant received the registration of creation of a neighboring mortgage amount of KRW 170,000,000 with respect to the instant real estate at KRW 170,000.

(hereinafter “instant 2-mortgage”). C.

On December 16, 2015, the Defendant extended a loan of KRW 61,00,000,000 at interest rate of KRW 8.6% per annum and due date of payment on December 16, 2016.

(hereinafter “instant two loans”) D.

On the other hand, on March 10, 2016, the Plaintiff received from B the maximum debt amount of KRW 270,000,000 with respect to the instant real estate, and completed the registration of the establishment of a neighboring mortgage with CCS Co., Ltd.

E. Upon the Defendant’s application in April 2016, the voluntary auction procedure relating to the instant real estate was conducted to Gwangju District Court A. On December 27, 2016, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 239,476,116, the amount to be actually distributed after deducting the execution cost from the sale price, etc. of the instant real estate from the date of distribution on the date of distribution, shall be distributed to Gwangju Mine-gu in the first order. Of the amount of claim 241,676,83, the amount of claim 241,67,83, the Defendant shall be apportioned KRW 230,00,000, which is the aggregate of the maximum debt amount of the instant right to collateral security and the instant two-mortgage, among the amount of claim 241,676,83, which is the second order.

F. On the above date of distribution, the Plaintiff stated an objection against KRW 58,341,443 out of the amount of 230,000,000,000, and filed the instant lawsuit on January 3, 2017.

[Reasons for Recognition] Gap, Nos. 1, 2, 4, 5, and Gap.