1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 11, 2008, D created a mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “instant land”) with respect to the land indicated in Appendix No. 1 attached Table No. 328,900,000 to the National Bank of Korea (hereinafter “instant land”).

B. The National Bank Co., Ltd. filed an application for auction to exercise B security right to the instant land based on the instant land collateral security right, and the said court rendered a decision to commence auction on September 24, 2012, and the record registration was completed on September 25, 2012.

C. The Plaintiff, a special purpose company subject to the Asset-Backed Securitization Act, acquired the instant claim secured by the instant land collateral from the Korean bank, and registered with the Financial Services Commission in accordance with the said Act, thereby acquiring the instant land collateral security.

As to the building No. 2 on the instant land (hereinafter “instant building”), the Plaintiff filed a request for auction of the Suwon District Court under Article 365 (Claim for Auction of Building on Mortgage Land) of the Civil Act. The said court rendered a decision to commence auction on September 9, 2013, and the entry registration was completed on September 16, 2013.

E. On September 30, 2013, the Defendant completed the establishment registration of a neighboring mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed claims”) with a maximum debt amount of KRW 100,000,000 with respect to the instant building.

F. On March 3, 2016, the Suwon District Court B and C were merged and conducted auction. On the ground that the Defendant was a mortgagee of the right to collateral security of the instant building, the said court recognized the priority of the proceeds from the sale of the building and distributed KRW 97,058,056 to the Defendant. On the ground that the Plaintiff was a mortgagee of the right to collateral security of the instant building, the court set up a distribution schedule that recognizes the priority of the proceeds from the sale of the land and distributes KRW 280,298,84

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