1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Korea Standards Bank Co., Ltd. (hereinafter “Korea Standards Bank”) entered into a loan transaction agreement with D on July 9, 2007, setting the loan amount of KRW 350,00,00,00, and the rate of 1.2% per annum on July 9, 2037, interest rate of KRW 3 months, CD-dong yield of KRW 1.2% per annum on July 9, 2037, interest rate of KRW 1.2% per annum from 1 to 29, 18% per annum, 30-59, 20% per annum from 30-89, and 90 days per annum (hereinafter “instant loan transaction agreement”). In doing so, the loan agreement was made with D on July 9, 207, with respect to the establishment of the mortgage of KRW 13,301 (hereinafter “instant real property”).

(hereinafter referred to as the "mortgage of this case"). B.

After that, as D loses a benefit due to delay in the repayment of the principal and interest of the loan, the Korea Standards Bank applied for a voluntary auction on the instant real estate to Seoul Eastern District Court F, based on the instant collateral security, and received a decision to commence voluntary auction on June 3, 2015, and withdrawn the said application on November 16, 2015.

(hereinafter “Prior Auction Procedure”). (c)

On the other hand, on October 15, 2015, the Defendant subrogated to the Bank 377,250,550 won in total, including D’s principal and interest of loan (i.e., KRW 321,145,451, KRW 51, KRW 51, KRW 51,49, KRW 469,569, KRW 530 in total). On the same day as the instant claim was transferred from the said bank due to subrogation for the claim established by the said bank, and completed the supplementary registration of the transfer of the right to collateral security, and subsequently, filed an application for voluntary auction of the instant real estate with the Seoul East East District Court B for a decision to commence the auction procedure on November 26, 2015.

In addition, the plaintiff (former: Korea Exchange Bank) applied for a double auction with the same court C on the real estate in this case and voluntarily decided to commence the auction on December 9, 2015.