The 11,881,366 of the judgment of the court below against the defendant shall be reversed, and the judgment of the court of first instance corresponding to that part shall be reversed.

The grounds of appeal are examined.

1. The lawsuit of demurrer against a distribution filed by the creditor is to resolve the dispute surrounding the amount of distribution among the creditors who are the opposing parties, so the judgment of the lawsuit should change the ownership of the disputed part among the creditors who are the original defendant.

Therefore, even in a case where the existence of a defendant's claim in a lawsuit of demurrer against distribution is recognized as not having existed, it is reasonable to maintain the remainder as the defendant's dividend amount, as the plaintiff seeks the disputed dividend within the scope of the amount of claims held by the plaintiff, without taking into account the claims of other creditors

(See Supreme Court Decision 98Da3818 delivered on May 22, 1998). 2. Review of the reasoning of the first instance judgment cited by the lower court and the evidence duly admitted by the lower court reveals the following facts. A.

With respect to F-Gun F-gun land for a factory owned by E (hereinafter “instant real estate”), on September 16, 2013, the establishment registration of a mortgage of KRW 364,000,000 of the maximum debt amount was completed under the name of Daejeon Agricultural Cooperative, on November 5, 2013, the establishment registration of a mortgage of KRW 200,000 of the maximum debt amount was completed under the name of the Defendant, and on December 24, 2013, the establishment registration of a mortgage of KRW 82,00,000 of the maximum debt amount was completed under the name of the Plaintiff.

After that, on February 21, 2014, B obtained a decision of provisional seizure (No. 2014Kahap117, Gwangju District Court) and registered provisional seizure on the same day with the claim amount of KRW 120,000,000 for the real estate in this case.

B. Daejeon Agricultural Cooperative applied for a voluntary auction based on the above collateral security and sold the instant real estate to KRW 410,000,000, while the auction procedure for the instant real estate was in progress with the Gwangju District Court Branch D.

On the date of distribution on December 23, 2014, the above court held that KRW 311,901,834 was first priority to Daejeon Agricultural Cooperative, a senior mortgagee, and the defendant's dividend claim.