1. The plaintiff's claim is dismissed.

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

1. Basic facts

A.D completed the registration of ownership transfer on November 14, 2012 with respect to each real estate (hereinafter “instant real estate”) listed in the separate sheet owned by the Song Forest Co., Ltd. (hereinafter “Sa Forest Co., Ltd.”) on November 15, 2012, as indicated in the separate sheet owned by Song Forest Co., Ltd. (hereinafter “Sa Forest Co., Ltd.”).

B. On November 15, 2012, D completed the establishment registration of a mortgage (hereinafter “instant mortgage”) consisting of KRW 220 million with the maximum debt amount received on November 15, 2012, under Article 35183, which was the receipt of the Changwon District Court (Seoul District Court). On November 15, 2012, D completed the registration of creation of a mortgage (hereinafter “instant mortgage”) with the Defendant, under Article 35185 of the same registry office, which was the receipt of the said registry office, with regard to the instant real estate. On December 3, 2012, D completed the registration of creation of a mortgage consisting of KRW 150 million with the maximum debt amount as KRW 36974,000,000,000 for the Plaintiff.

C. On August 22, 2014, the Defendant filed an application for the auction of real estate rent with the Changwon District Court (Seoul District Court) Division C on the instant real estate. On November 26, 2015, the said court: (a) drafted a distribution schedule to distribute the amount of KRW 95,49, and KRW 22,000,000 to the Defendant, and KRW 52,418,00 to the Plaintiff; and (b) filed the instant lawsuit after the Plaintiff raised an objection against the amount of dividends to the Defendant.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant: (a) received each repayment of KRW 10 million on December 30, 2013, and KRW 30 million on March 20, 2014 with respect to the secured obligation of the instant right to collateral security from D; and (b) the secured obligation of the instant right to collateral security remains only KRW 180,000,000,000,000,000 from D; (c) thus, it is unreasonable to have been distributed to the Defendant even though there was no secured obligation.

Therefore, the defendant deducted 40 million won already paid from KRW 220 million. 18.