1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On November 27, 2013, the Defendant completed the registration of the creation of a joint collateral security right with respect to Nos. 101, 102, 201, and 202 among the aggregate buildings with the second underground floor, third floor above ground (hereinafter “HG”) located in two lots, G, Dongjak-gu Seoul Metropolitan Government, which were owned by F Co., Ltd. (hereinafter “Nonindicted Company”) on November 27, 2013, regarding No. 101, 102, 201, and 202, the maximum debt amount

(B) On April 17, 2015, the Defendant: (a) revoked the registration of creation of the right to collateral security (hereinafter “right to collateral security”); (b) on April 17, 2015, the joint collateral security (hereinafter “right to collateral security”) No. 201, which was part of the joint collateral security (hereinafter “right to collateral security”) and completed the registration of creation of the right to collateral security (hereinafter “right to collateral security”) with the obligor and the Nonparty Company, on June 2, 2015.

On June 9, 2015, the Seoul Central District Court C of the Seoul Central District Court commenced the compulsory auction procedure for real estate items 101, 102, 201, and 202, and thereafter the Seoul Central District Court D Auction Case was combined, and the Seoul Central District Court E Auction Procedure was overlapped.

(hereinafter, the above auction case is referred to as "the auction procedure of this case" in total.

On the date of open distribution on March 2, 2017, the execution court distributed 142,296,835 won out of the amount of credit 300 million won to the defendant on the basis of the mortgagee's right to collateral security on November 27, 2013, and 33,278,344 won out of the amount of credit 100 million won on the basis of the mortgagee's right to collateral security on June 2, 2015, and prepared a distribution schedule that distributes the amount of credit 12,308,60 won out of the amount of credit 217,69,850 won to the plaintiff.

E. On March 2, 2017, the Plaintiff appeared on the date of distribution, and raised an objection against KRW 95,391,248, out of the Defendant’s dividend amount of KRW 142,296,835, which was based on the right to collateral security on November 27, 2013, and filed a lawsuit of demurrer against distribution on March 9, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, Eul evidence No. 11-5 to 8, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion is HBL.