1. The plaintiff's claim is dismissed.

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

Facts of recognition

The Defendant concluded a loan transaction agreement with E and lent money as indicated below:

(C) When specifying each of the loans (hereinafter referred to as “each of the loans”), the number is set according to the following table. The Defendant: (a) concluded a general loan of KRW 6.8% general loan G 36,000,000 on February 11, 2015; (b) 270,000,000 on February 11, 2015, the name of the product subject to the loan of the loan of KRW 4.05% general loan of KRW 6.8% on February 11, 2015; and (c) concluded a loan of KRW 36,00,000,000 on February 15, 2016; and (d) 27% general loan of KRW 4.27% on February 11, 2015, with respect to the loan of KRW 1,200,000,000,000 on February 11, 2015,

(hereinafter “The instant mortgage”). In addition, the Defendant concluded a mortgage agreement with the obligor regarding the instant real estate in relation to I and III loans on February 12, 2016, with the maximum debt amount of KRW 43,200,000, and the mortgage agreement with the obligor E, and completed the registration of the establishment of a neighboring mortgage on February 15, 2016.

On June 14, 2017, the Plaintiff lent KRW 20,000 to E. In order to secure this, the Plaintiff entered into a mortgage contract with the maximum debt amount of KRW 30,000,000 with respect to the instant real estate, and completed the registration of the establishment of a mortgage near the same day.

On the other hand, the plaintiff applied for a voluntary auction of the above real estate in this court and received a decision to commence the voluntary auction on February 12, 2018.

(D) The instant real estate was sold at a voluntary auction on April 18, 2019.

The dividend amount to the defendant was set at KRW 259,710,629, and the dividend amount to the plaintiff was set at KRW 3,909,687.

On the date of distribution, the Plaintiff raised an objection against the amount of distribution to the Defendant, and on June 4, 2019, which was within seven days thereafter.

[Reasons for Recognition] Gap's 1, 3, 4, and Eul's 1 to 1.