1. The instant lawsuit shall be dismissed.

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

Facts of recognition

The following facts are acknowledged according to the facts without dispute, Gap evidence 6, Eul evidence 5, Eul evidence 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

On November 23, 2004, the Plaintiff borrowed KRW 32,000,000 from the Defendant. On November 22, 2004, the Plaintiff, a collateral, carried out the registration of the establishment of a neighboring mortgage and the registration of the creation of a superficies (hereinafter referred to as the “registration No. 1 of this case”) with respect to the amount of KRW 44,80,000 with respect to the amount of KRW 186,00 owned by the Plaintiff to the Defendant on November 22, 2004.

On February 7, 2005, the Plaintiff obtained an additional loan of KRW 122,00,000 from the Defendant. On February 4, 2005, on each of the real estates listed in the attached real estate list owned by the Plaintiff (hereinafter “each of the instant real estates”) owned by the Defendant as collateral, the Plaintiff made a registration of creation of a neighboring mortgage (hereinafter “second registration of this case”) with respect to each of the real estates listed in the attached real estate list owned by the Plaintiff as collateral amounting to KRW 44,80,000,000 with a maximum debt amount of KRW 126,000,000.

With respect to each of the instant real estate, on June 12, 2012, the decision to commence compulsory auction (the Daejeon District Court H; hereinafter “instant compulsory auction”) was rendered on July 26, 2012 by the Defendant’s request, and on July 26, 2012, the decision to commence voluntary auction (the Daejeon District Court F; hereinafter “instant voluntary auction”) was revoked on March 6, 2012, subparagraph 503 among the instant real estate was registered to each of the following persons on December 24, 2012: (a) on March 6, 2012; (b) on December 26, 2012; (c) on December 26, 2012; and (d) on December 31, 202, 201; and (e) on February 31, 2013; and (e) on May 23, 2013, 203 and 402 each of the instant real estate sold to each of the instant auction.

The registration No. 1 of this case was cancelled on October 1, 2013 on the same day as the date of termination.

The plaintiff seeks confirmation of the compulsory auction of this case and the invalidity of the voluntary auction of this case against G and the defendant.