1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. With respect to “Seoul Northern-gu D and 303” (hereinafter “the instant real estate”), on September 2, 201, the establishment registration of a mortgage was completed on September 2, 201 with the maximum debt amount of KRW 158,60,000,000,000,000 for a claim on March 7, 201, KRW 18,000,000,000 for a creditor’s provisional attachment registration, and on February 20, 2012, the registration of the establishment of a mortgage by the debtor, C, and the Defendant’s neighboring mortgage (hereinafter “instant neighboring mortgage”) was completed on February 20, 201.

B. The Seoul Northern Community Depository applied for voluntary auction of the instant real estate to B, based on its own right to collateral security, and the said court rendered a decision to commence voluntary auction on June 17, 2014.

C. On April 16, 2015, the aforementioned court: (a) distributed KRW 20,052,975 to the Defendant as the second-class mortgagee on the date of distribution of the said voluntary auction procedure; and (b) drafted a distribution schedule with the content that the Plaintiff, a person holding a provisional attachment, did not make any distribution at all (hereinafter “instant distribution schedule”). D.

On April 20, 2015, the Plaintiff appeared on the date of distribution, and stated an objection against the whole amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on April 20, 2015, which was within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 6, the purport of the whole pleadings

2. The parties' assertion

A. Since the registration of the establishment of a mortgage near the Plaintiff’s assertion was completed without any legal act establishing the secured claim, the Defendant did not have the right to receive dividends in the above distribution procedure, and therefore, the above distribution schedule should be revised as stated in the purport of the claim.

B. The defendant's assertion that the defendant entered into an agreement with C and his wife E and paid KRW 200 million to the above C, etc. as a security for the above security deposit, and the Seoul Central-gu F.