1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Facts of recognition;

A. On May 26, 2016, the Defendant set the right to collateral security at KRW 416 million with respect to the F apartment G (hereinafter “instant apartment”) of Ulsan-gu, Ulsan-gu, Seoul-gu, with the maximum debt amount of KRW 416 million. On the following day, the Defendant set the right to collateral security with respect to H, I, and J (hereinafter “each of the instant apartment”).

B. On June 10, 2016, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 30 million, regarding the instant apartment.

C. On September 4, 2018, upon the Plaintiff’s application, the voluntary auction of the instant real estate was commenced as Ulsan District Court DD, and thereafter, on June 26, 2019 upon the Defendant’s application, the Ulsan District Court E overlaps with the auction of the instant real estate related to the instant real estate, and the Ulsan District Court D and E (hereinafter “instant auction procedure”).

On September 26, 2019, the Ulsan District Court prepared a distribution schedule that distributes KRW 33,240,017 (the amount of claims 100%) to the Defendant, who is a senior mortgagee on the date of distribution of the instant auction procedure, and the Plaintiff, a junior collateral security, to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff appeared on the aforementioned distribution date and raised an objection against KRW 29,41,565 out of the amount of dividends to the Defendant on the instant distribution schedule, and filed the instant lawsuit on October 4, 2019, which was within seven days thereafter (the holidays of October 3, 2019).

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. If the apartment of this case, which is the common security of the defendant's assertion of the plaintiff, and each of the lands of this case, are distributed simultaneously or the distribution procedure was conducted first in the auction of each of the lands of this case, the plaintiff could have been apportioned all of the claims in the auction

However, the defendant first filed a request for auction with respect to the apartment of this case, and the plaintiff only part of the amount of the claim.