The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On July 7, 2015, the Defendant established a right to collateral security of KRW 455,000 on the land and its ground, D’s land and its ground, and E’s land (hereinafter “each of the instant real estate”) owned by the Plaintiff, and loaned KRW 350,000 to the Plaintiff (hereinafter “instant loan agreement”). (b) On February 7, 2018, the Korea Asset Management Corporation published a public auction on each of the instant real estate owned by the Plaintiff, and sold each of the instant real estate to KRW 517,88,80,80 during the public auction procedure.

Since then, the defendant submitted to the Korea Asset Management Corporation a claim report stating the amount of credit in KRW 468,424,200, and the Korea Asset Management Corporation distributed KRW 45,000 to the defendant as the person who was the third-class mortgagee from June 22, 2018.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5, Eul evidence Nos. 3 and 4 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. As the Plaintiff did not pay the interest on the loan under the instant loan agreement, around March 2, 2016, the Defendant voluntarily filed an application for auction with the Jeonju District Court Eup branch F for each of the instant real estate. After that, G, the Defendant’s employees, around September 2, 2017, stated that the Plaintiff would withdraw the auction and receive the interest only from the parties who did not have any overdue interest if the Plaintiff paid the interest on the overdue interest KRW 40,000,00 and the expenses incurred in filing the application for auction.

Afterward, the Defendant deposited KRW 40,000,000, around August 1, 2017, KRW 20,000,000 on September 22, 2017, and KRW 120,000 on August 31, 2017, including KRW 10,000,000, and KRW 120,000 on request for auction. The Defendant withdrawn the above request for auction on September 1, 2017.

In addition, according to the promise that the Defendant wishes to have a normal agreement only, the Plaintiff deposited the interest of KRW 1,544,794 on September 2017 equivalent to 5.37% per annum of the agreement to the Defendant.

However, there is a problem.