1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From December 11, 2012 to four times, the Plaintiff lent KRW 43.5 million to C, and as C did not repay it, on June 23, 2014, the Plaintiff completed provisional seizure of real estate on the real estate listed in the attached list owned by C (hereinafter “instant real estate”) and filed a lawsuit against Seoul Northern District Court (Seoul Northern District Court 2014Kadan3211), and C.

B. During the pertinent lawsuit, the conciliation was concluded that “C shall pay KRW 38 million to the Plaintiff, but C shall pay KRW 1 million per day from December 1, 2014 to December 1, 2014, and if C fails to pay the said amount at the above payment date, C shall pay the unpaid amount in addition to 20% per annum from the day after the date of payment to the day of full payment.”

(Seoul Northern District Court 2014Kadan22335). (c)

Meanwhile, on May 8, 2014, the Defendant had a total amount of KRW 41,80,000,000 against C, and concluded a mortgage agreement with respect to the instant real estate (hereinafter “instant mortgage agreement”) on May 8, 2014, and completed the registration of establishment of a mortgage on May 12, 2014, with a maximum amount of KRW 41.6 million.

Then, on June 27, 2016, the Defendant applied for a voluntary auction of the instant real estate to the Seocho District Court located in Chuncheon District Court (Scheon District Court Branch D), and on June 27, 2016, the said court prepared a distribution schedule that distributes KRW 0 to the Plaintiff and the Defendant each of KRW 34,812,879 (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution and raised an objection to the total amount of distribution to the Defendant, and filed the instant lawsuit on July 4, 2016, which was within seven days thereafter.

F. Meanwhile, at the time of establishing the instant mortgage contract, C’s active property was only the instant real estate, and the value at the time of its acquisition was KRW 90 million.