1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. At around April 2012, 6 Plaintiffs, Defendant, and D, E, F, and G: (a) purchased the instant land located in Jung-gu Seoul Metropolitan Government H (hereinafter “instant land”); (b) concluded a joint investment contract with the intent to newly build and lease neighborhood living facilities on the said land (hereinafter “instant association agreement”); and (c) appointed E as a manager. Under the instant association agreement, the Plaintiff invested a total of KRW 132 million from September 26, 2012 to December 4, 2012 (the total amount of the six investments was KRW 448 million).

On May 30, 2014, the registration of ownership preservation was completed in the future on the land and buildings of this case after purchasing the land of this case with investments, etc. and constructing a new building on the ground.

E on June 11, 2014, the Defendant completed the registration of the establishment of a neighboring mortgage amounting to KRW 110,500,000 with respect to the instant land and building.

B. On March 25, 2016, the Plaintiff issued a provisional attachment order of KRW 144,100,000 with the claim amount of KRW 201, the Seoul Central District Court 2015Ra1291, the provisional attachment of the instant land and buildings under the name of E (hereinafter “instant provisional attachment”) and the provisional attachment registration was completed on April 6, 2016.

C. The Seoul Central District Court C, K (Dupl) rendered a decision to commence a compulsory auction procedure for real estate auction (hereinafter “instant auction procedure”) with respect to the instant land and building upon application by creditors I and J Co., Ltd., and the decision to commence a compulsory auction procedure for real estate auction (hereinafter “instant auction procedure”).

In the instant auction procedure, on March 15, 2018, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the amount of KRW 1,864,954,950 among the proceeds from the sale of the instant land and building was distributed to the Defendant (a mortgagee) KRW 110,50,00 and KRW 31,432,319 to the Plaintiff (a mortgagee).

E. The Plaintiff appeared on the date of distribution and stated an objection against the Defendant’s amount of distribution among the instant distribution schedule, and on March 20, 2018, within seven days.