1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 21, 2015, A acquired the ownership of the Seocho-gu Incheon Metropolitan Government E apartmentF (hereinafter “instant real estate”). On April 26, 2016, A created a collateral security (hereinafter “instant collateral security”) with respect to the instant real estate to the Defendant as “the maximum claim amount of KRW 400,000,000, and the debtor A and the Defendant as the mortgagee,” with respect to the instant real estate.

B. After that, on November 7, 2017, the Defendant filed an application for voluntary auction on the instant real estate with the Daegu District Court Branch D, and on April 26, 2018, the following distribution schedule (hereinafter “instant distribution schedule”). A raised an objection against the amount of dividends to the Defendant out of the instant distribution schedule.

(unit: 39,250,755,850 40,000,00 interest 17,724,6535,424,600 of the principal of the Defendant G Co., Ltd. G Co., Ltd. for the creditor, 348,480,50,503 405,424,600 dividends, the maximum debt amount for the creditor who applied for the right to collateral security (mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-12, 339,250,000,000 439,250,250,000 11,801,257 dividend rate of 10,257%

C. On October 15, 2018, A was declared bankrupt by the Daegu District Court 2018Hadan10141, and Attorneys B was appointed as the bankruptcy trustee of A.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 17 and 18 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion was that: (a) Company H (hereinafter “instant company”) was transferred the management right from the Defendant; and (b) Company H (hereinafter “instant company”); and (c) Company A created the instant right to collateral in order to secure the claim for the agreed amount related to the transfer of management rights; (d) Company A extinguished the secured claim of the instant right to collateral; (e) thus, the amount of dividends to the Defendant out of the instant dividend table ought to be adjusted to KRW 11,801,257, as the secured claim of the instant right to collateral was fully repaid; and (e) the amount of dividends to the Plaintiff ought to be adjusted to KRW

(b) Determination feet, Gap No. 3, and