1. The plaintiff's claim is dismissed.

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

1. Factual basis

A. On August 31, 2012, with respect to the instant forest land (D forest land 3,761 square meters in Gwangjuju-si), the ownership transfer registration was completed in the Plaintiff’s future on August 31, 2012, and on the same day, the ownership transfer registration was completed in the Defendant’s future on the same day.

B. Meanwhile, on August 10, 2012, the establishment registration of the instant forest was completed with respect to the instant forest as well as the maximum debt amount of KRW 250,000,000, the debtor E (former owner of the instant forest), the mortgagee, and the mortgagee.

On August 31, 2012, the registration of change of the right to collateral security was completed after the debtor of the above right to collateral security was changed to F (her husband).

C. On May 27, 2014, the instant auction procedure began with respect to the instant forest land, etc.

On May 14, 2015, the distribution court prepared the distribution schedule of this case with the content that the defendant (mortgage mortgagee) distributes 250,000,000 won (the maximum amount of claims) to the defendant (owner) and 34,432,224 won (the amount of surplus remaining after the distribution to creditors) to the defendant (owner) respectively.

On May 12, 2015, the Plaintiff submitted an application for the exclusion of dividends to the dividend court to the following purport:

“The Plaintiff sold part of the forest land of this case to the Defendant husband and wife, and did not receive KRW 15,000,000 out of the purchase price,” and the Defendant received KRW 20,000,000 from other auction procedures, and thus, the Defendant’s total sum of KRW 35,00,000 was excluded from the distribution of dividends to the Defendant couple.”

Accordingly, the distribution court suspended the distribution of 34,432,224 won to the defendant, and the plaintiff filed a lawsuit of demurrer against distribution within one week from the date of the above distribution.

2. Assertion and determination

A. The debtor of the above right to collateral security in the name of the defendant in the summary of the plaintiff's assertion is F, and F is not liable to the defendant, and the defendant is not entitled to receive dividends in the distribution procedure of this case.

On the other hand, the dividend court is the defendant's 7th priority.