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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 5, 2008, with respect to the registration of creation of a mortgage on the first floor of the D building No. 106 (hereinafter “the instant real property”), the registration of creation of a mortgage on November 5, 2008 (hereinafter “registration of creation of a mortgage on the first floor”) was completed on September 10, 2009 by the maximum debt amount, KRW 240 million on September 10, 2009, the registration of creation of a mortgage on the first floor of the D building No. 1 (hereinafter “the instant real property”).
B. On May 20, 2014, upon the application of E, which is another mortgagee of the instant real estate, the Suwon District Court rendered a decision to commence an auction of real estate rent (hereinafter “instant auction decision”). On March 9, 2015, the said court drafted a distribution schedule (hereinafter “instant distribution schedule”) under which the Defendant distributes the amount of KRW 140,228,220 to the Defendant in the sixth order on the ground that the Defendant is a mortgagee of the instant first priority on the date of distribution of the instant auction on March 9, 2015.
C. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 100,000,000, out of KRW 4770,000,000 to the Defendant of the instant distribution schedule, and filed a lawsuit of demurrer against the distribution on March 13, 2015, within seven days thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 6, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The summary of the Plaintiff’s assertion was to secure the loan of KRW 270 million to the Plaintiff and KRW 200 million to the Plaintiff, which the Defendant invested in F. However, on November 5, 2008, the Defendant lent KRW 100 million to the Plaintiff around November 5, 2008, the amount of the secured debt at the registration of the establishment of a neighboring mortgage is KRW 270 million and KRW 100 million with interest-free loan of KRW 370,000,000 to F.