1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 23, 2003, the Plaintiff completed the registration of ownership transfer based on the partition of co-owned property as to D 1,058 square meters (hereinafter “instant land”).

B. On August 20, 2009, the Plaintiff sold the instant land to E with the purchase price of KRW 280 million. On or around December 30, 2009, the Plaintiff received the remainder of KRW 50 million from E and received full payment of the purchase price.

C. On October 7, 2009, the Plaintiff completed the establishment registration of a neighboring mortgage with respect to the instant land as the maximum debt amount of 28 billion won, the debtor E-mortgage, and the fishery cooperative with the mortgagee of the right to collateral security (hereinafter “the parties to collateral security”). On April 21, 201, the said right to collateral security was changed to the maximum debt amount of 430 million won on April 21, 201.

On August 29, 2012, the registration of preservation of ownership in F’s name was completed on August 29, 2012 with respect to the 129.6 square meters of the 1st floor of Class II neighborhood living facilities, which was newly constructed on the instant land, and the said building was added as a public fence security on September 5, 2012.

E. As to the instant land, on April 29, 2013, the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) was completed on April 30, 2013, which became the Defendant of the said right, on the ground of the contract establishing a contract as of April 29, 2013.

F. On September 22, 2015, there was a voluntary decision to commence auction on the instant land and building upon the application for a reasonable consultation with the mortgagee of the right to collateral security (Seoul District Court Seosan Branchc).

G. In the above auction procedure, the court of execution prepared a distribution schedule to distribute the amount of KRW 313,095,557 to the Jinsu-insu Cooperation among the amount to be actually distributed on October 26, 2016, the date of distribution, 376,39,408, among the amount to be distributed to the applicant creditor, KRW 313,095,557, and KRW 337,400, and KRW 332,767, and KRW 59,532,767 to the defendant of the right to collateral security in the second order, and KRW 33,684 to the defendant of the right to collateral security in the third order.

H. The plaintiff is on the date of distribution.