A. The Plaintiff is the owner of 684 square meters in Seosan-si (hereinafter “instant land”).

The Defendant leased the instant land from the Plaintiff in KRW 400,000 per month, and constructed three buildings of Class II neighborhood living facilities on the ground (hereinafter collectively referred to as “each of the instant buildings”).

B. When the Defendant was granted a loan of KRW 150,00,000 from the two village agricultural cooperatives in 2011, the Plaintiff entered into a mortgage contract with the two village agricultural cooperatives on June 23, 2011 upon the Defendant’s request.

On the same day, the Defendant also concluded a mortgage-based contract on each of the buildings of this case owned by the agricultural cooperatives and their own.

C. On June 24, 201, both villages agricultural cooperatives completed the establishment registration of a mortgage consisting of the instant land and each of the instant buildings as a joint collateral with the maximum debt amount of KRW 200 million.

According to the request for auction by the Central Agricultural Cooperative in the Daejeon District Court of Daejeon District, which was commenced on November 10, 2014, the appraisal was conducted in the case of D's auction of real estate located in the Daejeon District Court of Busan District. On November 19, 2014, the appraised value of the instant land is KRW 86,868,00, and the appraised value of each of the instant buildings is KRW 195,772,640, and the appraised value of each of the instant buildings was KRW 195,772,640, and the appraised value of 8 debentures attached to each of the instant buildings was 50,83

E. On November 30, 2015, the Defendant’s wife-E received a successful bid in KRW 127,010,000 for the instant land and each of the instant buildings on several occasions at the end of the instant auction procedure, and paid in full the sales price on January 5, 2016.

On February 19, 2016, the execution court distributed the amount of KRW 123,829,926 to the defendant's creditors, the National Health Insurance Corporation, Sosan-si, and both villages agricultural cooperatives in proportion to their respective claims.

F. Meanwhile, the Defendant did not pay the Plaintiff the purchase price from November 201 to January 5, 2016, where E paid in full.

[Ground of recognition] There is no dispute.