1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant’s establishment registration of a mortgage 1) Han Bank Co., Ltd. (hereinafter “ Han Bank”)

) The Plaintiff’s 55/100 shares in order to preserve the Plaintiff’s claim against the Plaintiff, and C’s 45/100 shares in the Seoul Gangnam-gu Seoul Building No. 102 of the first floor (hereinafter “instant real estate”).

(1) On September 28, 2006, ① the registration of creation of a mortgage on the first priority priority (the debtor), ② the registration of creation of a mortgage on the same day, ② the registration of creation of a mortgage on the second priority (the plaintiff), the registration of creation of a mortgage on the second priority), ③ the registration of creation of a mortgage on August 6, 2007, ③ the registration of establishment of a mortgage on the third priority (the plaintiff), the registration of establishment of a mortgage on the third priority (the plaintiff), ④ the registration of establishment of a mortgage on the third priority (the maximum debt amount) on the December 28, 2007, ④ the registration of establishment of a mortgage on the fourth priority (the plaintiff et al., collectively), the registration of establishment of a mortgage on the fourth priority (the total amount of each of the above mortgages) on the plaintiff et al., and the plaintiff and C collectively "the plaintiff et al."

(2) On April 21, 2011, the Defendant transferred each of the instant collateral security claims against the Plaintiff (hereinafter “instant claim”) from one bank, and completed the registration procedure for the transfer of the establishment of each of the instant claims on September 23, 2011.

Among them, the registration of transfer of the establishment of a mortgage in the first place was cancelled on October 28, 201 due to the cancellation of agreement.

B. Auction 1) The Seoul Central District Court B real estate auction on the instant real estate at the Defendant’s request (hereinafter “instant auction”).

(2) The auction court opened on December 23, 2015 the date of distribution on December 23, 2015, and sold the instant real estate to Ukk Investment Co., Ltd., Ukk Investment on May 13, 2013. The auction court held the date of distribution on December 23, 2015 and held the amount of KRW 7,640,222,712, which is to be actually distributed to the Gangnam-gu Seoul Metropolitan Government, the holder of the right to issue the first order (the relevant taxes, C shares), KRW 17,812,790 (the relevant taxes, C shares), KRW 21,515,660 (the relevant taxes, Plaintiff shares), and ② the second order to the mortgagee bank, and ③.