1. The plaintiff's claim is dismissed.

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

1. With respect to the Plaintiff’s basic facts D’s husband E’s business from the Defendant’s husband E, the Plaintiff was invested in the sum of KRW 38 million on December 6, 2007 and KRW 8 million on February 28, 2008.

On December 6, 2007, the Plaintiff registered the establishment of a collateral against E with respect to the claim for the above investment deposit against E on December 6, 2007, with respect to the G 111 of the former G 1st (hereinafter “instant real estate”) during Ansan-si, one of which was one’s own possession, the Plaintiff completed the registration of the establishment of a collateral against the maximum debt amount KRW 40

On November 1, 2012, Ansan-do Government seized E’s above-mortgaged mortgage claims on the grounds of the E’s delinquency in tax payment, and the same month.

7. When a supplementary registration of seizure of the right to collateral security has been made, the plaintiff was in the same month.

8. The E’s tax in arrears amounting to KRW 24,509,210 and cancelled the registration of seizure.

On November 12, 2012, the Plaintiff, with E and the Defendant, changed the mortgagee into the Defendant from E, and cancelled the registration of establishment of a neighboring mortgage in the name of E, and on the same day, completed the registration of establishment of a neighboring mortgage with respect to the instant real estate in the name of E, the maximum debt amount of KRW 40 million, and the establishment of a neighboring mortgage with the mortgagee as the Defendant (hereinafter “instant

On November 2, 2015, upon the Defendant’s application, the decision to commence an auction of real estate was rendered to this court C. On May 25, 2016, the above court drafted a distribution schedule with the content that the Defendant distributes the surplus amount of KRW 47,691,471 to the Plaintiff, in the order of priority, on the ground that the Defendant is a creditor-mortgage and a mortgagee, on the date of distribution.

The Plaintiff appeared on the date of distribution, and stated an objection against KRW 44,509,00 among the amount distributed to the Defendant on the said distribution schedule, and filed a lawsuit of demurrer against the distribution on June 1, 2016, which was within seven days thereafter.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including virtual number), Eul evidence 1 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion E decided to invest KRW 400 million in the original D, and the Plaintiff’s investment.