1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From June 199, the Plaintiff owned a 341m2 (hereinafter “instant real estate”) in Yandong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “instant real estate”).

On February 14, 2013, the Plaintiff completed on February 14, 2013 the registration of the establishment of a mortgage on the instant real property, which caused KRW 150 million to E.

On February 27, 2014, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) which caused maximum debt amount of 225 million won with respect to the instant real estate to the Defendant.

B. On July 27, 2015, the Defendant applied for a voluntary auction of the instant real estate based on the instant right to collateral security, and on July 28, 2015, rendered a decision to commence the auction of the real estate C with the Daejeon District Court Decision on July 28, 2015.

(hereinafter “instant auction”). The instant real estate was sold on May 27, 2016, and the registration of establishment of a mortgage of the instant real estate was cancelled for reasons of sale due to voluntary auction on the same day.

C. On July 15, 2016, at the instant auction procedure, on the date of distribution opened on July 15, 2016, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 83,473,979 to the Defendant, who is the applicant creditor, in the order of 90,218,269, among the amount to be actually distributed, the court of execution, in order of 125,60, and 3,368,040, and 3,250,650, and 3,250,650, and 4, in the National Health Insurance Corporation branch offices of the National Health Insurance Corporation, who is the applicant creditor, in the order of 125,60, and 2, in order

The Plaintiff appeared on the date of distribution, and stated an objection against the total amount of the Defendant’s dividends, and filed the instant lawsuit on July 19, 2016.

On the other hand, on October 21, 2015, the Plaintiff filed a lawsuit against the Defendant seeking the cancellation of the registration of the establishment of the instant neighboring mortgage by this court No. 2015Da17582, but the instant lawsuit was revoked at the instant auction procedure, on June 2016, the said lawsuit was changed to a lawsuit seeking the confirmation of the non-existence of the secured obligation of the instant secured mortgage, and the said lawsuit is pending at the court No. 2016Ga700.