1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On March 9, 201, 201, 200 million won was leased to A, a corporation taking over the secured claim of the instant mortgage, and a mortgage was created as to a motor vehicle A owned by A for the purpose of securing loan claims.

On January 5, 2012, our society lent KRW 55 million to C on January 5, 2012, and created a mortgage on the amount of KRW 27.5 million on D motor vehicles owned by C for the purpose of securing loan claims.

On December 20, 2013, CFFFC loans acquired claims against A and C from the social community of Korea, and the Plaintiff acquired the said claims from CFFFFC loans on August 8, 2014.

However, CFFFC and the Plaintiff did not complete the registration of transfer of each of the instant mortgages.

B. On January 2, 2015, the process of the public auction case and the content of the distribution statement, Sungnam-si followed the public auction procedure for the foregoing automobiles seized on the grounds that A and C were delinquent in local taxes.

On January 28, 2015, Sungnam-si distributed 6,489,510 won to Defendant National Health Insurance Corporation in the public sale procedure of A-owned motor vehicles in the order of 6th of the sale price, and prepared a distribution statement to distribute 25,124,030 won in the sale price of C-owned motor vehicles in the public sale procedure of C-owned motor vehicles in the order of 6th of the sale price to Defendant Sungnam-si

The plaintiff filed a claim for the delivery as the mortgagee of each of the instant vehicles during the public auction procedure, but the Sungnam-si excluded the plaintiff from the grounds that the plaintiff constitutes a general creditor.

[Ground of recognition] Facts without dispute, Gap 1 through 10 evidence (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion has taken over the mortgage along with the secured debt of each of the instant mortgages, and thus, it should be allocated in preference to the Defendants in the public sale procedure.

Nevertheless, the Defendants, who are subordinate to Sungnam-si, distribute each of 6,489,510 won, 25,124,030 won to the Defendants.