1. The plaintiff's claim is dismissed.

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

1. Fact-finding;

A. On November 10, 2009, the Plaintiff entered into a contract with F to sell the Incheon G apartment No. 102, 1606 to the total sale price of KRW 446,30,000.

B succeeded to the rights and obligations of F on April 13, 201 in the above sales contract.

(hereinafter referred to as “instant sales contract”) B.

B on November 2, 2011, the registration of the establishment of a neighboring mortgage contract was completed on October 31, 201 to the Defendant, who was his pro-friendly with respect to the Chungcheong apartment owned by it.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) C.

The Plaintiff filed an application with B for a payment order seeking reimbursement amount of KRW 38,120,798 for the reason that the Plaintiff subrogated for the interest on loans for the payment of intermediate payments under the instant sales contract, as Incheon District Court 2012 tea12299, and the payment order was finalized on October 23, 2012.

In addition, the Plaintiff filed a lawsuit against B, as Incheon District Court 2013Gahap3886, and as to the remainder 156,205,000 under the instant sales contract, and damages for delay thereof, the Plaintiff was awarded a favorable judgment on July 31, 2013, and the judgment became final and conclusive.

E. On the date of distribution implemented on February 11, 2014, the lower court distributed KRW 77,655,725 to the Defendant, a mortgagee, who was the right to collateral security, and prepared a distribution schedule that did not distribute to the Plaintiff.

F. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the full amount of the Defendant’s dividend, and thereafter filed the instant lawsuit on February 17, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on this safety defense

A. The gist of the defendant's defense is as follows: (a) around June 28, 2012, the plaintiff, who seized the apartment unit in Chungcheongju, read the register.