1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 8, 2002, B entered into a sales contract and a redemption agreement (hereinafter “instant agreement”) with the Defendant (hereinafter “Korea Agricultural and Rural Infrastructure Corporation prior to the change”) to purchase the land of 13,481 square meters and D 10,446 square meters (hereinafter “instant land”) in Hagu-gun, Chungcheongnam-gun, Chungcheongnam-gun, and to pay the purchase price in installments up to January 15, 202.

B. Regarding the instant land, the registration of ownership transfer under B on April 9, 2002 and the registration of creation of a neighboring mortgage (the maximum amount of claims 211,037,000 won, hereinafter “first priority mortgage”) with the Defendant as a mortgagee was completed. C. Upon delay in the payment of the repayment under the instant agreement, the Defendant filed an application for voluntary auction (the Mine District Court Branch E) based on the first priority collateral security (the first priority collateral security) and rendered a decision of voluntary auction commencement on November 24, 2005 (hereinafter “first auction”).

On July 22, 2009, the Plaintiff is the father of B, and on the instant real estate, the registration of the establishment of the neighboring mortgage (the maximum bond amount of 150,000,000,000 won; hereinafter “second priority mortgage”). E. On August 28, 2009, the Plaintiff subrogated for the Defendant for the overdue debts and auction expenses of B, KRW 70,336,520, and the Defendant withdrawn the first application for auction. The Plaintiff returned KRW 34,00,000 paid by F (or B) and appropriated it for the repayment of the said subrogated payment. As to the instant real estate, the procedures, such as the compulsory sale of real estate (hereinafter “second auction”) began with respect to the Gwangju District Court G, H, I, and J (Du) and sold it to Nonparty K on July 17, 2015.

In the second auction procedure, the defendant, who is the first secured mortgage, received each dividend of KRW 182,242,140 (100%) and KRW 24,771,492 (16.51%) as the second secured mortgage, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, 2, Gap evidence 3, 4, Eul evidence 1, 2 and 3, witness F's testimony, significant facts to this court, and arguments.