1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), C completed the registration of creation of a collateral security (hereinafter “mortgage”) under the name of Busan Bank Co., Ltd. (hereinafter “Resan Bank”) (hereinafter “Resan Bank”) on December 13, 2006, which was the maximum debt amount of 76,860,000, and completed the registration of creation of a collateral security under the name of the Defendant, which was the maximum debt amount of 83,265,000 on the same day.

B. On August 28, 2013, according to the Defendant’s application for voluntary auction, the voluntary auction procedure regarding the instant real estate was initiated as Busan District Court B (hereinafter “instant auction procedure”).

C. On March 18, 2014, C completed the registration of ownership transfer for the instant real estate on the same day with respect to the Plaintiff. D.

On November 30, 2006, the circumstances leading up to the establishment of each right to collateral security as to the real estate of this case were that the Busan Bank concluded a housing redevelopment association in the zone D (hereinafter “the redevelopment association of this case”) and the Defendant, a contractor, with respect to the housing redevelopment project in the zone D on November 30, 2006, the Busan Bank and the Defendant set up a collateral security right with regard to the loan of relocation to C, who was the owner of the real estate of this case included in the redevelopment area

E. On June 10, 2014, in the case of the foregoing B voluntary auction on the instant real estate, the court of execution prepared a distribution schedule that distributes the amount of KRW 76,860,00 as the subrogation of the Busan Bank, which is the first secured mortgage, to the Defendant, KRW 76,860,00 (the maximum debt amount of the instant mortgage within the scope of KRW 85,430,026, including principal KRW 64,050,00 and interest KRW 21,380,026), as the second secured creditor, and KRW 72,120,201 as the second secured creditor.

F. On June 10, 2014, the Plaintiff appeared on the date of distribution, and the Defendant raised an objection against KRW 76,860,000, which was paid as the subrogation for the Busan Bank, as a mortgagee’s subrogation. The Plaintiff filed the instant lawsuit on June 16, 2014, which was seven days thereafter.

[Reasons for Recognition] Gap 1.