1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff shall pay to Nonparty D the principal decision of the Seoul East Eastern District Court 2017Kadan124038, August 17, 2017, on the recommendation of reconciliation, “Defendant D and K shall jointly and severally pay to the Plaintiff KRW 70 million and the damages for delay calculated at the rate of 20% per annum from March 12, 2007 to September 30, 2015, and 15% per annum from the next day to the date of full payment.”

Based on the original copy, D applied for a compulsory auction of real estate Nos. 7 of Yeonsu-gu Incheon District Court and 2 lots E (hereinafter “instant real estate”), and on October 23, 2017, the decision to commence compulsory auction was issued by the Incheon District Court and the entry registration was completed.

(B) The same court rendered a new decision to commence the auction of the above real estate again. The above auction was called the “instant auction”).

On April 14, 2016, Nonparty I (hereinafter “I”) lent 109,000,000 won and 12,000,000 won to D by applying the base interest rate of each JOR to the base interest rate of each JOR.

Each loan transaction agreement drawn up between D and I.S. shall include the two loans (type of loans) in the "general".

C. On April 14, 2016, the International Union completed the establishment registration of a neighboring mortgage on April 14, 2016, with regard to the instant real estate owned by D, by establishing a contract that establishes a ground for registration on April 14, 2016.

In the form of a contract to establish a mortgage between I and D, the type (specific collateral security, limited collateral security, and comprehensive collateral security) different from the scope of the secured obligation is printed in the same text, and D has selected “limited collateral security” as the scope of the secured obligation and stated it in its own writing, and next, the type of transaction is called “general loan” transaction.