1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 3, 2017, the Plaintiff extended a loan of KRW 100 million on March 26, 2013 to E Co., Ltd. (hereinafter referred to as “E”) and KRW 50 million on August 4, 2015, respectively, to E Co., Ltd. (hereinafter referred to as “F”), and C guaranteed each of the above loans.

B. On September 12, 2014, C acquired each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) through an auction procedure.

C As of February 11, 2016, at least KRW 432,425,537 (86,00,000 for the Plaintiff and KRW 108,415,537 for the Plaintiff, and KRW 238,000 for each of the instant real estate collective security holders H&D association), the Defendant completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) based on the same day-based contract, which is the only property at the time, for each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”), which is the debtor, the mortgagee, the Defendant, the maximum debt amount, KRW 60,00,00 for each of the instant real estate.

C. Since then, on March 21, 2018, the procedure for the auction of D's real estate was initiated in the instant court on the application of the mortgagee HH association with respect to each of the instant real estate, and on September 5, 2018, the distribution schedule was formulated to the Defendant, who was the mortgagee, distributed KRW 41,496,03 to the Defendant, who was the mortgagee, and did not distribute any dividends to the Plaintiff, who is the subordinate general creditor (hereinafter referred to as the "instant distribution schedule").

On September 5, 2018, the Plaintiff raised an objection to the total amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit on September 6, 2018.

[Ground of recognition] The non-contentious facts, Gap 1 through 6 evidence (including all types of serial numbers; hereinafter the same shall apply), the Korea Technology Finance Corporation and corporation G as a result of each order to submit financial transaction information to Korea Technology Finance Corporation and corporation G, inquiry results about the Minister of Court Administration, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion 1 by the parties C is a summary of the argument.