1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 25, 2015, the Plaintiff leased KRW 150 million to B, and entered into a transfer agreement with B on the one set of aluminium scrapers listed in the separate sheet (hereinafter “instant goods”). On the same day, the Plaintiff received a promissory note No. 291,00,000 won from B (No. 291, 2015).

B. Based on the notarial deed as above, the Plaintiff filed an application for compulsory execution with the Incheon District Court Branch Branching 2015No3978 on the instant goods.

C. Of the amount of KRW 9,444,70 to be actually distributed to the Plaintiff in the case of the distribution procedure A branch of the Incheon District Court, the distribution schedule was formulated in order 1.11,160, which is the execution cost to be distributed to the Plaintiff. The Defendant, as a mortgagee, was in the order 3rd 6,245,624 in each of the dividends amounting to KRW 6,624 (hereinafter “instant distribution schedule”). D.

On July 26, 2017, the Plaintiff appeared on the date of distribution of the said distribution procedure case, and raised an objection against the whole amount of dividends of the Defendant, and filed the instant lawsuit on August 1, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment asserted that the defendant was paid dividends as above on the ground that he was the mortgagee of the article B in this case, but since the defendant's loan claims against the article B were paid falsely or fully, the defendant's total amount of dividends out of the distribution schedule in this case should be deleted and distributed to the plaintiff.

On the other hand, the evidence presented by the Plaintiff alone is insufficient to recognize that the Defendant’s claim against B was extinguished by fraudulent or repayment, etc. as alleged by the Plaintiff, and rather, considering the overall purport of pleading in addition to the statement of evidence No. 6, the Defendant made a loan, a contract for security for transfer, and a preparation of notarial deed between the Plaintiff and B.