1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A completed the registration of ownership transfer based on sale on November 29, 2010 with respect to real estate listed in the separate sheet (hereinafter “instant real estate”) on December 9, 2010.

B. On the other hand, on December 3, 2010, the Plaintiff concluded a loan transaction agreement with A to lend KRW 640,000,000, and executed the loan on December 9, 2010 (hereinafter “instant loan”). On December 9, 2010, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the instant real estate on December 9, 2010, for securing the said loan claim.

C. On March 1, 2012, A delayed payment of interest on the above loan, thereby losing the benefit of time. On October 17, 2013, the Plaintiff filed an application for voluntary auction (hereinafter “First Auction”) with respect to the instant real estate based on the instant collateral security, on which October 17, 2013 filed an application for the instant real estate.

Accordingly, on October 21, 2013, the decision of voluntary commencement of auction was rendered on the instant real estate, and the registration of voluntary commencement of auction was completed on the same day.

On October 30, 2013, the Defendant filed a lien report with respect to the non-party company's claim of KRW 461,000,000 as the secured claim in the first auction court, asserting that the construction work for new construction of the instant real estate was implemented and the construction work was not received.

E. On May 28, 2014, the Plaintiff withdrawn the first auction, but again applied for voluntary auction (hereinafter “second auction”) on the instant real estate based on the instant collateral security on April 21, 2015.

Accordingly, the decision of voluntary commencement of auction was rendered on April 23, 2015 regarding the instant real estate, and the registration of voluntary commencement of auction was completed on the same day.

On May 4, 2015, the defendant submitted again a lien report to the second auction court.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3-1, 2, and 6-1, 7.