1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. On October 10, 2007, in order to secure the loan of KRW 312,00,000 to the Dispute Resolution Co., Ltd., the first and the preceding Dispute Resolution Co., Ltd., Ltd., completed the registration of creation of mortgage (hereinafter the creation of mortgage in this case) with the maximum debt amount of KRW 405,60,00 with respect to D Apartment No. 107, 1802 (hereinafter the instant real estate), which was owned by the representative director of the Dispute Resolution Co., Ltd., at the time of October 10, 2007. On December 7, 2011, the registration of creation of mortgage was transferred to the Defendant on the above loan claim to the Dispute Resolution Co., Ltd. and the instant collateral Security (hereinafter the instant collateral Security) and the registration was completed with respect to the establishment of the mortgage of this case as of the same day, the additional registration was completed with respect to the registration of establishment of the mortgage of this case to the Defendant, and after the additional registration was completed in the future.

B. On July 14, 2009, the registration of the establishment of a neighboring mortgage, the maximum debt amount of which is KRW 200,000,000, was completed on July 14, 2009 with respect to the establishment of a second priority mortgage and the instant real estate, and on December 23, 2011, the additional registration of the transfer of the right to collateral security in the Plaintiff’s name was completed on July 14, 2009 with respect to the registration of the establishment of a neighboring mortgage.

C. On December 7, 2011, on the date of transferring the first priority right to collateral security to the Defendant, the Seoul Western District Court filed an application for a voluntary auction of real estate based on the instant collateral security with the Seoul Western District Court A on December 8, 2011 (hereinafter “instant auction”), which is the following day, and the Defendant received a decision to permit sale on June 7, 201, and paid in full the sales price on September 20, 201 with the result of the auction process.

In distributing the amount of KRW 276,008,121, which is to be distributed by excluding the execution expenses from the proceeds of sale, etc. on the date of open distribution with respect to the real estate in this case on October 24, 2012, the Yongsan-gu as the person entitled to deliver the relevant tax in the first order shall be 420,940,00 won.