1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Jongno-gu Seoul Metropolitan Government F land and above-ground buildings (hereinafter “instant real estate”) owned 1/2 shares in G and H respectively.

G on May 30, 2006, with respect to the whole H share of the instant real property, G completed the registration of creation of a mortgage on the entire maximum debt amount of KRW 1,875,00,000 and the debtor H.

On July 31, 2014, the Plaintiff was transferred by G the aforementioned right to collateral security (hereinafter “instant right to collateral security”) with respect to H shares among the instant real estate.

B. Meanwhile, with respect to the instant right to collateral security, on August 14, 2014, the Plaintiff completed the additional registration of the establishment of each right to collateral security with the State Loan Finance Co., Ltd. on August 19, 2014, I on August 19, 2014, J on April 14, 2015, each claim amounting to KRW 1,875,000,000, and each right to collateral security with the Plaintiff as the Plaintiff. On August 28, 2014, the State Loan Finance Co., Ltd. completed the additional registration of the said right to collateral security with K on August 28, 2014.

C. After that, the Korea Mutual Savings Bank, which is the mortgagee of the instant real estate, filed an application for voluntary auction of the said real estate, and the auction procedure for real estate auction (hereinafter “instant auction procedure”) was commenced under the Seoul Central District Court E, L(Joint) and M(Joint).

On March 2, 2017, the date of distribution of the instant auction procedure, KRW 80,00,000,000, out of KRW 6,010,663,763, which is the actual amount to be distributed to Defendant B, was distributed to Defendant C, and the distribution schedule was formulated that the Plaintiff would be excluded from the distribution of dividends (hereinafter “instant distribution schedule”).

E. On the date of distribution, the Plaintiff stated an objection against the Defendants regarding the amount of distribution on the said date, and thereafter filed a lawsuit of demurrer against distribution on March 9, 2017, one week thereafter.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 6 and 9, and the purport of the whole pleadings

2. The Plaintiff’s assertion that Defendant B only claimed 360,000,000 won against G, but also demanded a distribution at an amount higher than the actual claim amount. Defendant C shall have any claim against G.