1. The plaintiff's claim is dismissed.

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

1. On January 26, 2016, D based fact D purchases 1,514 square meters (hereinafter “instant land”) prior to E in Tong-si, Dong-si and completes the registration of ownership transfer on February 5, 2016.

D With respect to the instant land from D, the Defendant was established with a maximum debt amount of KRW 100,000,000 on March 14, 2016, and the Plaintiff was established with a maximum debt amount of KRW 50,000,000 on September 13, 2016.

On January 18, 2017, upon the application of the Dobong Saemaul Depository, a mortgagee of the instant land, the decision to voluntarily commence the sale of the instant land was made on January 18, 2017 (C). On August 23, 2017, the distribution schedule was prepared in order to distribute dividends of KRW 26,504,848 to the Defendant, a mortgagee of the right to collateral security, in the order of priority over the distribution date of KRW 13,960, and KRW 198,478,750, and KRW 198,750, and KRW 26,508.

On August 24, 2017, the Plaintiff raised an objection to the total amount of dividends of the Defendant on the date of distribution, and filed the instant lawsuit.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) is that the Defendant set up a collateral on the instant land in order to secure the Defendant’s obligation to the Defendant with respect to the fraternity run by the Defendant. Since the fraternity between D and the Defendant does not exist any longer due to the termination of the fraternity between D and the Defendant, the amount of dividends against the Defendant should be distributed to the Plaintiff.

(2) The Defendant’s assertion is the subject of the successful bid bid that consists of 11 members of the fraternity on February 5, 2016. D joined the said fraternity as a member of the fraternity and received the amount of the fraternity for three months, and the Defendant did not pay KRW 30,000,000 for the payment of the fraternity for three months. Therefore, the distribution of the amount to the Defendant is lawful.

B. Comprehensively taking account of the overall purport of each entry and pleading in the evidence Nos. 1 through 5, D signed a successful bid on February 5, 2016 and won a successful bid on March 5, 2016 and received a prize on March 11, 2016.