1. The plaintiff's claim is dismissed.

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

Basic Facts

On October 23, 2014, the Plaintiff, who was the owner of Seocho-gu Seoul Metropolitan Government E Apartment F (hereinafter “instant apartment”) and one parcel of land, set up a right to collateral security of KRW 132,00,000 with the maximum debt amount (hereinafter “instant right to collateral security”).

On October 10, 2016, the Seoul Central District Court C opened a real estate auction procedure (hereinafter “instant voluntary auction”) with respect to the instant apartment, and sold on June 26, 2017.

On July 25, 2017, a distribution schedule was prepared for KRW 705,186,517, which is to be actually distributed on the date of distribution, and KRW 132,00,000 was distributed to the Defendant, who is the mortgagee, and KRW 59,332,257 was distributed to the Plaintiff, who is the owner who is the debtor concurrently holding the office of debtor.

The plaintiff appeared on the date of distribution, and raised an objection against the total amount of dividends of the defendant, and filed the lawsuit of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 12, summary of the purport of the whole pleadings

A. In the instant voluntary auction, the claim secured by the instant right to preferential reimbursement that the Defendant could have received as the right to preferential reimbursement does not exist, or the amount of the instant claim is less than the maximum debt amount (or less than set-off) as the Defendant delivered approximately 35,304 out of the clothing 88,260 that the Defendant exported, or the amount of the claim is less than the maximum debt amount (or less than one out of the three containers) among the clothing 88,260 that the Defendant exported, or the parties to the instant clothing export contract are G-company that is a local corporation of Vietnam, which is not the Plaintiff, and thus, it does not include the Defendant’s clothes export

B. As to the Defendant’s export of the clothing on December 1, 2013, the Plaintiff set up the instant right to collateral security against the Defendant’s debt of KRW 132,60,000 ($ 132,666) or the guaranteed debt of USD 132,60,00 ($ 132,666).

3. Determination

A. Lawsuit of demurrer against the distribution