1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 6, 2012, the Plaintiff borrowed KRW 200,000,000 from the Defendant, and, in order to secure the said debt, the Plaintiff, owned by the Plaintiff, completed the registration of creation of a neighboring mortgage as the Defendant, with respect to D major 268,5 square meters and above ground buildings owned by the Plaintiff, 220,000,000 won with respect to the maximum debt amount, and the establishment of a mortgage as the Defendant of the mortgagee.

B. In the Busan District Court C and E (Dual) auction case, the Defendant filed an application for auction to enforce the above right to collateral security, and in the Busan District Court C and the Busan District Court C and E (Dual) completed a distribution schedule with the content that KRW 740,590 out of the actual dividend amount of KRW 419,945,643, May 2, 2014 was distributed to Busan Geum-gu, and KRW 204,309,910, and KRW 2,050,890 was distributed to the Busan District Depository, and KRW 212,84,253 was distributed to the Defendant.

C. The Plaintiff raised an objection against the amount of dividend distributed to the Defendant and brought the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that KRW 80,000,000, out of the loan obligation of KRW 200,000 against the Defendant, was repaid to the Defendant.

In other words, on August 23, 2012, the Plaintiff transferred the ownership of 563 square meters of G forest land in Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “instant forest”). The actual value of the instant forest is KRW 80,000,000 (i.e., market price of KRW 210,000; KRW 130,000,000 as the secured debt of the right to collateral security established on the instant forest). Thus, the Plaintiff was paid KRW 80,00,000,000.

Therefore, the amount to be distributed to the Defendant shall be KRW 131,183,33, including the principal amount of KRW 120,000,000 (=200,000,000 - KRW 80,000) and interest of KRW 11,183,333, and the remainder of KRW 81,660,920 shall be distributed to the Plaintiff.

B. Comprehensively taking account of the overall purport of the statements and arguments by evidence Nos. 6 through 10, the Plaintiff completed the registration of the right to claim ownership transfer of the instant forest owned by H on May 25, 2012, and thereafter F on August 23, 2012.