1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 30, 2005, the Plaintiff transferred the first priority collective security (hereinafter “instant collateral security”) with respect to E 92 square meters (hereinafter “instant land”) in Yangju-si, Yangju-si, and completed the registration on May 31, 2005.

B. On December 9, 2016, the Defendant prepared a certificate of loan that lends KRW 80 million to F, who is the Plaintiff’s punishment, and completed the registration thereof on December 12, 2016, by setting up a pledge right (the amount of KRW 200 million, the due date for repayment, the interest rate of KRW 24%, the interest rate of KRW 24%, and the instant pledge right (hereinafter “instant pledge right”).

(c)

After that, on August 20, 2018, the Defendant applied for an auction on the instant land, and the auction procedure was commenced voluntarily under the Jung-gu District Court C (hereinafter “instant auction procedure”). On January 17, 2020, the auction court prepared a dividend list (hereinafter “instant dividend list”) that distributes the amount of KRW 44,180,050 to the government tax offices of the person who has the right to seize the land, with the first priority over the amount to be distributed on the date of dividend payment, KRW 3,289,850 to the government tax offices of the person who has the right to seize the land, KRW 501,508 to the South Korean National Health Insurance Corporation branch offices of the South Korean National Health Insurance Corporation with the right to seize the amount of KRW 501,508 to the second priority, and KRW 40,388,692 to the Defendant of the pledgee of the right to collateral security (hereinafter “instant dividend”).

(d)

On January 17, 2020, the Plaintiff appeared on the dividend date and raised an objection to the whole amount of the Defendant’s dividends. On January 22, 2020, the Plaintiff filed the instant lawsuit on January 22, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. During the instant auction procedure, the Defendant had a total of KRW 201,00,000 with F’s principal and interest of KRW 54,624,544 up to July 27, 2018 and interest of KRW 255,624,544 up to July 27, 2018.

However, among them, in the case of a claim for 80 million won and interest based on a loan certificate issued by a person on December 9, 2016, the Defendant did not actually lend the above money to F, and there is no claim that the Defendant did not actually lend the money to F. The remainder of the claims are the same as the Defendant did not have actually lent the money to F, or the Defendant’s pledge on December 12, 2016.