1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff on May 21, 2013 and

5. 22. To borrow money, the purpose was to set up a collateral on the D-owned real estate.

B. Accordingly, D, as a surety's surety on the Plaintiff's above loan obligation, agreed to set up and set up a mortgage (hereinafter "mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter "mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage), between the Defendant and the maximum debt amount, 50,000,000 won, and the Plaintiff and the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

C. On November 18, 2014, the Defendant received a decision to commence voluntary auction with respect to the instant apartment on November 18, 2014, and the auction procedure was commenced. The instant apartment was awarded to F on August 21, 2015.

On September 24, 2015, from 252,110,420 to 252,110,420 to 18,00,00 to G with a right to preferential payment of small-sum deposit, the court of auction prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) to distribute 47,167,783 to the Defendant of the mortgagee, who is the mortgagee, in the second order, 1,74,720 to Guri-si, who is the seizure right holder, in the third order, and 185,197,917 to Hyundai Gap Life Insurance Co., Ltd., Ltd., which is the third order.

E. The Plaintiff appeared on the date of distribution on the same day, and raised an objection against KRW 47,167,783 of the Defendant’s dividend, and filed the instant lawsuit on October 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 9, purport of the whole pleadings

2. The plaintiff's assertion

A. On May 21, 2013, the Plaintiff borrowed KRW 50,000,000 from the Defendant without setting the due date for repayment as interest, and repaid all of them until April 16, 2014.

Therefore, it has been made to secure the above loan.