1. The plaintiff's claim is dismissed.

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

1. The Plaintiff filed a request for auction with respect to the real estate (Yongyang-gu D apartment 609 Dong 1303, hereinafter “instant real estate”) owned by C according to the judgment against C (Seoul District Court High Court Decision 2014Da66584, Sept. 24, 2015).

The instant real estate was sold to a third party at an auction procedure commenced upon the Plaintiff’s application. On April 19, 2017, the auction court prepared a distribution schedule that distributes the amount of KRW 73,713,578 to the new bank of the mortgagee of the right to collateral security in the first order among the amount of KRW 358,330,884, which is to be actually distributed on the date of distribution on the date of distribution, and KRW 23,43,943 to the Seoul Credit Guarantee Foundation, and KRW 21,183,363 to the mortgagee of the right to collateral security, and KRW 240,000 to the Defendant of the mortgagee of the right to collateral security.

The Plaintiff appeared on the date of distribution, and raised an objection against KRW 38,816,637 of the Defendant’s dividend amount, and filed the instant lawsuit on April 26, 2017.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 6 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion argues that, while the Defendant lending KRW 14 million to C, the amount equivalent to the maximum debt amount shall be distributed to the Plaintiff out of the Defendant’s dividends, the distribution schedule should be revised by allocating the amount that the Plaintiff did not have paid out to C, to the Plaintiff, since the Plaintiff falsely reported the establishment of the right to collateral security in the instant real estate, which is based on the maximum debt amount of KRW 240 million to the Plaintiff.

The defendant asserts that C lent 200 million won to C and received dividends by establishing the right to collateral security corresponding to the principal.

B. On September 20, 2006, the Defendant: (a) on September 20, 2006, lent KRW 100 million to C on September 20, 2009; and (b) on September 20, 2009, the

In addition, upon C’s request for additional loan, the Defendant KRW 30 million on February 6, 2014, KRW 30 million on February 7, 2014, KRW 50 million on February 19, 2014, KRW 15 million on February 20, 2014, KRW 9 million on February 21, 2014, and KRW 9 million on February 21, 2014.