1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D, June 29, 2016, issued to the Plaintiff a promissory note in sight of KRW 300,000,000 (hereinafter “instant promissory note”). On the same day, D, as agent D, made a notarial deed by entrusting the Plaintiff with the preparation of a notarial deed.

B. Meanwhile, D owned the share of 653.35/1385.3 (hereinafter “instant share”) among E, 1385.3 square meters in 1385 square meters in Seocheon-si.

C. As to the instant share, F and the Defendant completed the registration of creation of a new mortgage on August 26, 2014, the maximum debt amount of KRW 165,00,000, and each place of establishment of a new mortgage on the debtor D.

On June 12, 2015, F filed a request for auction with respect to the share of this case, and the auction procedure was commenced to Cheongju District Court G for Incheon District Court (hereinafter “instant auction procedure”).

E. Meanwhile, the Defendant received a seizure and collection order as to the surplus claim that D had against the Republic of Korea (hereinafter “instant seizure and collection order”) in the auction procedure for the real estate rent of this case by Sungwon District Court Branching Sungwon District Court as KRW 179,638,136, Jul. 20, 2016, with the amount claimed as KRW 179,638,6458, and the Plaintiff also received a seizure and collection order as to the aforementioned surplus claim as the amount claimed as KRW 300,000 in July 26, 2016, with the amount claimed as KRW 300,000,000 in Suwon District Court Branch Branching 2016Taf6155.

F. In the auction procedure of the instant real estate auction, on August 1, 2016, the auction court set up a distribution schedule that distributes the amount of KRW 1779,680,000 as a mortgagee to F and the Defendant, respectively, as a mortgagee, in the second priority order, and in the third priority order, to D’s surplus of KRW 95,975,854 as a mortgagee.

G. However, due to the competition between the Plaintiff and the Defendant’s respective seizure and collection orders as seen earlier, separate distribution procedures regarding the above surplus were initiated. On October 28, 2016, the distribution schedule was formulated to distribute the Defendant KRW 35,948,696 to the Defendant and the Plaintiff KRW 60,035,188 to the Defendant on October 28, 2016.

hereinafter “instant distribution procedure”.