1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. On October 15, 2002, the Plaintiff entered into a mortgage agreement with D as “the debtor, the mortgagee D, and the maximum debt amount of KRW 120 million,” and provided D with the entire share of the Plaintiff (hereinafter “instant land”) and the buildings listed in the separate sheet (hereinafter “instant building”) as joint collateral and completed the registration of the establishment of a mortgage on the same day by providing D with the entire share of the Plaintiff (hereinafter “the instant land”) over 163.6m2 in the north-gu E-gu, Chungcheongnam-gu, Seoul Special Metropolitan City District Court (hereinafter “instant building”) as joint collateral.

B. D, on July 29, 2003, upon the registration of the establishment of the above neighboring mortgage, applied for the voluntary auction of real estate to Daegu District Court Port SupportF for the instant land and the instant building.

After that, D voluntarily withdrawn an auction on July 19, 2004 with respect to the instant building.

In the above voluntary auction procedure for the land of this case, the defendant acquired ownership by selling the above land on April 28, 2005.

On June 21, 2005, 35,514,328 won was distributed from the proceeds of sale to D (the amount of claim KRW 120 million).

C. Thereafter, the Defendant transferred the right to collateral security (hereinafter “instant right to collateral security”) remaining in the instant building from D on July 7, 2005 and completed the registration of transfer of the right to collateral security (hereinafter “instant right to collateral security”) with the Daegu District Court No. 68826, Jul. 15, 2005.

On December 17, 2015, the Defendant filed an application for the instant auction of real estate rent (hereinafter referred to as “instant auction”) with the Daegu District Court Branch C in relation to the instant building based on the instant right to collateral security (hereinafter referred to as the “instant auction”), and received the order to commence the auction on December 21, 2015.

In the above auction procedure, the instant building was sold to the Defendant in the amount of KRW 41 million.

After that, on August 11, 2016, the above court prepared a distribution schedule with the content of allocating KRW 38,956,939 (the entire amount to be distributed) to the Defendant, who is the creditor of the above auction application and the mortgagee of the right to collateral security (hereinafter “instant distribution schedule”) on the date of distribution open on August 11, 2016, and the Plaintiff appeared on the said date of distribution