1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s right to collateral security E had two buildings constructed on the Seo-gu Seoul Special Metropolitan City F&500 square meters (hereinafter “instant land”).

E, on January 12, 2017, in order to secure the payment of the above debt by borrowing KRW 200 million from the Plaintiff from the Plaintiff on January 12, 2017, E completed the registration of creation of a neighboring mortgage on the instant land with the maximum debt amount of KRW 260 million as of January 13, 2017.

B. The building listed in the attached Table 1 [Attachment 1] A (the 4th floor building; hereinafter collectively referred to as the “instant building”) which Defendant B’s collateral security (the instant collateral security) was newly built by E

On June 14, 2017, E on June 14, 2017 (the provisional seizure registration was completed due to the commission of the provisional seizure registration) E affixes the following seals.

6. 15. As to the building of this case, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 300 million was completed in the future of Defendant B.

(hereinafter “instant collateral security”). C.

On May 14, 2018, Defendant C and D’s pledge right (the pledge right of this case) created a pledge right with each of Defendant C and D’s claims amounting to KRW 600 million and KRW 300 million on the instant collateral security right.

(hereinafter “instant pledge”). 【No dispute exists, entry in Gap’s evidence Nos. 1 through 4, and 9, and the purport of the entire pleadings

2. The plaintiff's assertion

A. On January 12, 2017, the Plaintiff loaned KRW 200 million with respect to the construction of a new building to E, and set up a right to collateral security on the instant land to secure the said claim.

At the time, the instant building was newly constructed on the ground of the instant land, but the construction was under way while outer walls were built on the fourth floor.

However, on June 14, 2017, E created the instant right to collateral security in the future of Defendant B, upon the completion of the preservation registration for the instant building.

B. On June 15, 2017, E, at the time of the completion of the registration of the establishment of a mortgage near Defendant B, was in excess of its debt.

The E in excess of the obligation will be the defendant B.