1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to the land of this case owned by Nonparty D, the maximum debt amount of KRW 80 million was set on October 25, 2004, the debtor D, the Plaintiff of the right to collateral security, and the mortgagee of the right to collateral security, as of June 20, 201, respectively, with respect to the land of this case owned by Nonparty D, the amount of KRW 50 million was set in the order of the debtor, the limited liability company, the debtor, and the Defendant’s right to collateral security (hereinafter “instant land”).

B. After that, on September 4, 2015, the registration of ownership transfer was completed in Nonparty G with respect to the instant land. On September 8, 2015, upon the Plaintiff’s voluntary auction application, the first mortgagee of the instant land, the real estate auction procedure (hereinafter “instant auction procedure”) commenced with the Jeonju District Court C on September 8, 2015.

C. In the instant auction procedure, the Plaintiff, the first mortgagee of the instant case, reported the claim amounting to KRW 126,630,136 (the principal amount of KRW 80 million, interest KRW 46,630,136) in the said auction court. However, the said auction court prepared a distribution schedule that distributes the amount of KRW 105,269,096 to the Plaintiff, the first mortgagee of the instant case, who was the second mortgagee of the instant case, to the Defendant, the second mortgagee of the instant case, the sum of KRW 25,269,096 (hereinafter referred to as the “instant distribution schedule”).

The Plaintiff appeared on the date of distribution, and raised an objection against the whole amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on June 20, 2016.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On December 27, 2013, the Plaintiff filed a claim with respect to Nonparty D’s H No. 901 (hereinafter “the loan of this case”) against the obligor D, the maximum debt amounting to KRW 50 million, and the Defendant’s right to collateral security against the Defendant, which is not separate from the foregoing right to collateral security and the second right to collateral security, is the same obligation against Nonparty D’s Defendant.