1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 19, 2008, the Plaintiff filed a lawsuit against the Defendant’s mother, B, and six other parties, including a claim for reimbursement, and revoked the Defendant’s registration of establishment of a mortgage (hereinafter “instant real estate”) with the Seoul Central District Court Decision 2007Da44113, “Defendant El systems, C, D, E, and B, jointly and severally, with the Plaintiff KRW 51,199,950 and KRW 32,368,924 from November 23, 207 to December 23, 2007, KRW 28,823,87 from November 26, 207 to December 13, 2007; KRW 15% per annum from the following day to the date of full payment; and KRW 107Da103104, Jun. 27, 2007 (hereinafter “instant real estate”); and KRW 41,207.

B. On December 23, 2008, the Defendant purchased the above real estate in the auction procedure of HJ real estate located in the Chuncheon District Court for the real estate owned by B. On December 23, 2008, the Defendant completed the registration of ownership transfer under the name of the principal under the receipt No. 70916, Dec. 23, 2008.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) B: (a) the decision to voluntarily commence the auction on the instant real estate owned by the Defendant was rendered; (b) the Defendant paid the bid price for the instant real estate and the Defendant a total of KRW 52,939,226; and (c) the Defendant awarded the said real estate under the name of the Defendant. The Defendant received the bid for the instant real estate under the agreement and completed the registration of ownership transfer under the name of the Defendant on December 23, 2008.