1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff and the Defendant possessed the first 4-class collateral security (hereinafter “instant real estate”) on each real estate (for the purpose of the auction of this case, real estate for swine stock farms) subject to the original Chuncheon District Court C real estate auction case (hereinafter “instant auction”).

B. On August 24, 2017, the Plaintiff and the Defendant entered into an agreement with respect to the instant auction (hereinafter “instant agreement”) with the following contents. A.

The plaintiff participates in the above auction under the name of the plaintiff himself or a corporation to which the plaintiff is involved.

The bidding price shall, regardless of the appropriateness of the real estate price, be at least 5.8 billion won, which is the amount to be paid by the defendant for at least 600 million won.

B. If the Plaintiff purchased the amount at the bid, the amount that the Defendant received from the above auction exceeds KRW 600 million shall be transferred to the Plaintiff on the date of distribution.

C. In a case where the Plaintiff purchased at least KRW 5.9 billion, the Defendant shall transfer the amount exceeding KRW 600,000 from the amount of dividends calculated when the Plaintiff purchased at KRW 5.9 billion.

C. D Co., Ltd. (hereinafter “D”) whose representative director is the Plaintiff filed an application for purchase of KRW 5.81 billion from the sale date of the instant real estate, and acquired the ownership of the instant real estate on January 29, 2018 upon receipt of the highest bidder’s decision to permit the sale on December 4, 2017.

On the date of distribution opened on March 8, 2018 according to the instant auction procedure, the distribution schedule was prepared that the Defendant received the distribution of KRW 997,614,385 as the fourth-class mortgagee with respect to the instant real estate among the amount of credit of KRW 1 billion (the maximum amount of secured debt of KRW 1 billion).

Plaintiff

In addition, the distribution schedule was prepared to receive dividends of KRW 997,614,390 as the fourth-class collective security right among the amount of claim of KRW 1 billion (the maximum amount of secured claim of KRW 1 billion).

[Ground of Recognition] A. A. Evidence Nos. 1 through 4, Eul's Evidence No. 2, witness E's testimony and pleading.