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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. With respect to E-owned Seoul Metropolitan Government F. F. F. 159 square meters and two-storys of the brick sloping roof on the land (hereinafter “instant real estate”), each debtor is the defendant on January 28, 2013, and the registration of creation of a mortgage was completed on January 28, 2013, with the maximum debt amount of KRW 130 million, the defendant who is the creditor, the creditor, the creditor, the maximum debt amount of KRW 150 million on May 8, 2014, and each registration of creation of a mortgage against the plaintiff as the creditor.
B. On June 14, 2016, with respect to the instant real estate, the Seoul Central District Court C real estate auction procedure was initiated in duplicate upon the Defendant’s application on October 19 of the same year.
C. In the above auction procedure, the execution court deducted the execution cost on February 16, 2017, and distributed KRW 130,000,000, which is the full maximum debt amount to the Defendant, and KRW 97,351,652, which is a part of the Plaintiff, to the Plaintiff. The Plaintiff stated an objection against KRW 52,348,348, out of the amount distributed to the Defendant on the date of distribution, and filed the instant lawsuit on February 23, 201.
[Evidence] Each description of Gap evidence Nos. 1 through 3
2. Determination
A. The Plaintiff: (a) around January 2013, after receiving documents necessary for the registration of the establishment of a collateral on the instant real estate from E; (b) however, on February 4, 2013, H did not borrow KRW 100 million from the Defendant through I but did not borrow KRW 50 million. Since the Defendant was unable to repay the principal and interest of the instant real estate borrowed from H, the Defendant filed a double application for the instant real estate based on the extinguished collateral security, even though the Defendant was unable to fully repay the principal and interest of the instant real estate, and the principal was paid KRW 130,00,000,000,000 won, the maximum debt amount of the instant collateral security was paid. Therefore, the Plaintiff’s dividend amount was paid to the Plaintiff,51,652, on the ground that the principal and interest of the instant real estate was paid out by the Defendant.