1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. With respect to the instant real estate (hereinafter “instant real estate”), the establishment registration of a mortgage was completed on December 28, 2006, the debtor E (F’s birth) and the creditor’s maximum debt amount of KRW 300 million against the Defendant, with respect to the instant real estate (hereinafter “instant real estate”).

B. On April 7, 2009, G (F) on the instant real property is the same year.

3.9. The registration of ownership transfer was completed on September 2, 2010 on the ground of sale, and on September 2, 2010, the establishment registration was completed on the basis of the maximum debt amount of KRW 40 million against the debtor G and the creditor.

C. The Seoul Southern District Court C’s auction of real estate was conducted with respect to the instant real estate, which was applied by the mortgagee H, and the said court distributed to the Defendant, who claimed KRW 14,281,747,747, the remainder of the principal amount of KRW 210,000,000,000,000 to the 1,000 lessee of the first small amount of KRW 377,692,851 out of the amount to be actually distributed, other than the execution cost, on September 12, 2014, to the first small amount of KRW 1,00,000,000,000 to the 207,411,104 to the New Bank Co., Ltd., Ltd., a second-class mortgagee, the second-class mortgagee, who was the third-class mortgagee, and the Plaintiff did not receive dividends, respectively.

The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against KRW 40 million among the amount distributed by the Defendant, and thereafter filed a lawsuit of demurrer against the distribution on September 12, 2014, which was within one week thereafter.

[Reasons for Recognition] Statement Nos. 1 through 4 (including additional numbers), Eul evidence No. 2, the purport of the whole pleadings without dispute between the parties

2. Determination:

A. The gist of the Plaintiff’s assertion is that the Defendant’s claim is false or the obligor’s non-payment claim is merely KRW 100 million, and at least there is no claim exceeding this amount. Therefore, the Plaintiff asserts that the distribution schedule should be revised by cancelling the excess amount and distributing the amount of KRW 40 million to the lower-class mortgagee himself/herself.

B. Whether the defendant's claims are false or extinguished due to repayment.