1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 19, 2011, the Defendant established the establishment registration of the first place of the establishment of the first place of the forest E, 3,402 square meters from D, Kimhae-si. On September 8, 2011, the Defendant completed the establishment registration of the establishment of the establishment of the first place of the establishment of the establishment of the F road 981 square meters of the F road from D around September 8, 201.

B. Since then, the Plaintiff installed steel structure by carrying out steel construction for factory construction on the above E forest land E, 3,402 square meters and F part of land (hereinafter “the instant land”).

C. Since then D failed to perform the Defendant’s collateral obligation, the Defendant applied for a voluntary auction on the instant land, and the instant land was awarded to Nonparty G on November 27, 2014 in the course of the voluntary auction proceeding conducted, and thereafter, on December 26, 2014, the distribution court distributed to the Defendant, who was the mortgagee, KRW 78,93,230, and KRW 4,246, and KRW 767,521,464 to the Defendant, who was the mortgagee, at the time of Kim Sea, the delivery authority, and the Defendant, the subordinate mortgagee, was not paid dividends.

Accordingly, the Plaintiff filed a lawsuit of demurrer against the distribution of KRW 85,00,286 among the amount distributed by the Defendant, and filed a lawsuit of demurrer against the distribution of this case.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 7, purport of whole pleadings]

2. Determination as to the cause of action

A. The steel structure installed in the instant land owned by the Plaintiff is owned by the Plaintiff. The value of the steel structure is KRW 137,052,00,000, the value of which is 1,289,358,000, which is the value of the instant land. The value corresponding to the steel structure in the voluntary auction procedure conducted with respect to the instant land should be distributed to the Plaintiff, but it is not distributed to the Plaintiff at all, but distributed to the Defendant.

Therefore, the amount equivalent to KRW 76,752,146 equivalent to 10% of the remainder of KRW 767,521,464, which remains after deducting wage claims and subsidies preferentially distributed during the above voluntary auction procedure, should be distributed to the Plaintiff.

(b) The mortgage shall be based on the things and accessories attached to the mortgaged immovable.