1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff was the owner of the land and the ground buildings located in Gangnam-si D (hereinafter “instant real estate”) and B-power plants located on the ground rooftop of the instant building (hereinafter “instant power plant”).

B. On March 20, 2015, E Bank, the Plaintiff’s creditor, as a collateral security (hereinafter “Execution Court”) filed an application for voluntary auction on the instant real estate, the Defendant’s decision to jointly sell the instant real estate, and the closure of auction procedures.

3) An application for voluntary auction concerning the instant real estate (this Court C real estate auction case, hereinafter “instant auction”)

(2) On March 24, 2015, the execution court issued an order to investigate the current status of the instant real estate to the enforcement officer and issued an appraisal order to the F appraiser on the same day (hereinafter “appraisal”) on April 21, 2015, and the appraiser submitted an appraisal report to the execution court on March 23, 2015.

According to this appraisal statement, the appraised value of the instant real estate is KRW 56,144,700, including the appraised value of the instant power plant at KRW 3.5 million.

3) On May 7, 2015, an execution officer submitted to the executing court a report on the current status of the real estate stated in the instant plant as a building other than the present building. The executing court decided to en bloc sell the instant real estate including the instant plant on September 15, 2015, and ordered sale on September 16, 2015. The executing court thereafter conducted a bid and issued an order for sale on November 23, 2015. The highest price on November 23, 2015 (hereinafter “Buyer”).

(4) A court of execution decided to permit sale, and thereafter, the decision was finalized on December 1, 2015 because an interested party did not raise an objection against the decision of permission for sale, and the said decision became final and conclusive on December 1, 2015, and the buyer paid full the sales price on December 11, 2015. 4) The auction procedure of this case was concluded by proceeding the distribution procedure on January 6, 2016.