1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 24, 2013, the Plaintiff agreed to lend money to the non-party company with C Co., Ltd. (hereinafter “non-party company”). In order to secure the loan claim, the Plaintiff concluded a mortgage contract with the non-party company with respect to the land, F land, its ground, and land (hereinafter collectively referred to as “each real estate of this case”) owned by the non-party company, with the maximum debt amount of KRW 200 million, the non-party company, and the non-party company and the right to collateral security (hereinafter collectively referred to as “each real estate of this case”), and completed the registration of the establishment of the neighboring mortgage on this ground.

B. As to each of the instant real estates, prior to the Plaintiff’s registration of creation of the said collateral, the following was completed: ① the debtor was the Nonparty prior to the Plaintiff’s registration of creation of the said collateral; ② the registration of establishment of the first priority neighboring the right to collateral security, ② the maximum debt amount of KRW 96 million on the same day; ③ the registration of establishment of the second priority neighboring the right to collateral security, ③ the registration of establishment of the mortgage on November 20, 2013; and ③ the registration of establishment of the third priority neighboring the right to collateral security, the Defendant of the third priority neighboring the mortgage (hereinafter “registration of establishment of the right to collateral security”).

C. On February 25, 2014, the Plaintiff filed an application for an auction of real estate rent with the Daejeon District Court H on each of the instant real estate as a mortgagee, and the said court rendered a ruling to commence the auction of the instant real estate as the object of auction on February 26, 2014, and continued the auction procedure.

On October 30, 2014, among the amount to be actually distributed on the date of distribution, the above execution court prepared and presented a distribution schedule to the defendant, who is the mortgagee, the mortgagee, in the second order, 1,162,230,059 won to the Jeonbuk Bank, the mortgagee, in the fifth order, 549,071,781 won (total of the principal amount of KRW 440,000,000 and interest amount of KRW 109,71,781), and the remaining order of delivery, and the distribution schedule was finalized.

E. Meanwhile, the Plaintiff is entirely in the dividend procedure.