1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 15, 2010, E Co., Ltd. (hereinafter “E”) completed the registration of the establishment of a neighboring mortgage amounting to KRW 400,000,000 with respect to the real estate listed in the separate sheet owned by F (hereinafter “instant real estate”) in order to secure F’s claim against F.

B. On April 7, 2014, E and F completed a supplementary registration for change of the right to collateral security, which changes the maximum debt amount of the right to collateral security to KRW 300,000,000, based on a contract for change of the right to collateral security as of December 15, 2010, as of the right to collateral security as of December 15, 2014.

C. On April 7, 2014, the Defendant completed a supplementary registration of the transfer of the right to collateral security, which was transferred from E on December 15, 2010 on the instant real estate, due to the transfer of the right to collateral security on April 4, 2014.

(hereinafter “instant collateral security”). D.

The Plaintiff filed a lawsuit against F in relation to the claim for damages of 2012Gahap1016, the Plaintiff was sentenced from this Court on January 10, 2014 that “F shall pay to the Plaintiff 342,617,462 won and 242,580,572 won among them, 12 June 12, 2012; 10,036,890 won, 5% per annum from July 18, 2012 to January 10, 2014; and 20% per annum from the following day to the date of full payment.”

E. On October 29, 2014, the Plaintiff, upon which a provisional execution sentence was issued on a date of the instant judgment No. 2012Gahap1016, was issued by the instant court B with respect to the instant real estate. The instant judgment of compulsory commencement was rendered upon the application of the mortgagee, and the instant judgment of voluntary commencement was made upon the application of the mortgagee C and D, and the auction procedure on the instant real estate (hereinafter “instant auction procedure”).

F. On June 8, 2016, the instant court determined the amount of KRW 762,104,605 to be actually distributed at the instant auction procedure, and subsequently determined the amount of KRW 300,000,000 among them, to the Defendant, who is the second secured creditor of the distribution ranking, and KRW 25,261,063, which is the third secured creditor of the distribution ranking, to be distributed to the Plaintiff, who is the third secured creditor of the distribution ranking.