1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. B, upon receipt of KRW 133,500,000 from the Defendant on June 18, 2012, upon the Defendant’s receipt of KRW 133,500,00, the Defendant created the instant apartment 109,2004 (hereinafter “instant apartment”) with respect to the instant apartment as follows:

B and the Defendant entered into a contract to establish a collateral security (B) with respect to the obligation set forth in the limited collateral security (B) [any obligation currently and future due to a transaction of collateral security (3) or a transaction of corporate funds (4) to the Defendant].

Defendant B 160,200,000 won on June 18, 2012, Defendant B B 79,800,000 on June 18, 2012

B. Since then, B agreed that each of the loan obligations of the Defendant and the Defendant shall be included in the secured debt of the instant mortgage, respectively, by taking out a loan of KRW 20 million from the Defendant on May 16, 2014, KRW 30 million on January 26, 2015, and KRW 200 million on August 31, 2015.

C. On April 10, 2017, the Defendant applied for a voluntary auction on the instant apartment, and on April 10, 201, the Changwon District Court Jinwon Branch rendered a voluntary decision to commence the auction.

On February 19, 2018, Jinwon District Court established a distribution schedule that distributes 24,910,000 won to the Defendant of the first-class mortgagee, the second-class mortgagee, the second-class mortgagee’s branch of the National Health Insurance Corporation, the second-class mortgagee’s branch of the National Health Insurance Corporation, the third-class mortgagee’s branch of the National Health Insurance Corporation, the third-class mortgagee’s credit guarantee foundation, the third-class distribution right holder’s 8,241,619, the third-class distribution right holder’s 2,681,080 won to the Defendant of the third-class mortgagee’s Defendant, respectively.

E. On February 19, 2018, the Plaintiff appeared on the date of distribution, and raised an objection against KRW 46.9 million out of the Defendant’s dividend amount, and filed the instant lawsuit on February 22, 2018, prior to the lapse of one week.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 3, 5, 6, and Eul evidence No. 1.