1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 29, 2010, the D Association established a collateral security right of KRW 260 million with respect to the building of Pyeongtaek-si F, 444 square meters owned by E and its ground, G, 44 square meters prior to G, and H 7 square meters prior to H (hereinafter “each of the instant real estate”).

B. On August 22, 2013, I, the wife of the first right to collateral security (hereinafter “first right to collateral security”) set up a maximum debt amount of KRW 220 million with respect to Pyeongtaek-si F 444 square meters and its ground buildings, and the obligor E’s right to collateral security (hereinafter “first right to collateral security”).

I transferred the right to collateral security to the defendant on July 19, 2016 and March 16, 2017.

C. On November 12, 2014, the Defendant created the 2-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter

In addition, on December 3, 2014, E added 380 square meters of Pyeongtaek-si J Park (at that time, the owner of the said land was K. The said forest was converted into “L 370 square meters” on September 20, 2016) as collateral for the second mortgage.

On November 17, 2016, the entry registration of provisional seizure was completed with the amount of KRW 30,832,513 as the preserved right, with respect to each real estate of this case for which the plaintiff's application for provisional seizure was filed.

E. Upon the preparation of a distribution schedule and its objection 1) Upon the request of D Association, Suwon District Court’s Eunpyeong Housing Site Board decided to voluntarily commence the auction of each of the instant real estate on October 16, 2017 (hereinafter “instant auction procedure”) (hereinafter “instant auction procedure”).

(2) On April 19, 2018, with regard to the amount to be actually distributed to the Defendant, the court of auction, as to the date of distribution opened on April 19, 2018, set up a distribution schedule with the content that distributes the amount of KRW 562,737,635 to the Defendant, who is the right to collateral security, as the right to collateral security, KRW 22,000,000,000 to the Defendant, who is the right to collateral security, and KRW 3,035,758 to the Plaintiff, the right to collateral security, as the right to collateral security, and

3. The plaintiff is on the date of the above distribution.