1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D was the representative director of E Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of real estate development consulting, sale in lots, sales in business, etc., and the Seocho-gu Seoul Metropolitan Government F apartment G (hereinafter “instant real estate”) was the first ownership of D.

B. On December 9, 2009, A Co., Ltd. (amended by the Incheon District Court Decision 2012Hahap9, Sept. 26, 2012, and appointed the Plaintiff as the trustee in bankruptcy of the above bank) entered into a credit transaction agreement with the non-party company with the limit of KRW 7,00,000,000,00, and D jointly and severally guaranteed the above debt of the non-party company.

C. On September 25, 2012, A, a corporation prior to bankruptcy, filed an application for payment order with the Incheon District Court 2012 tea12492 with Nonparty Company and D as the debtor.

On October 5, 2012, the above court rendered a payment order to the effect that "D shall jointly and severally with the non-party company pay to the Plaintiff 7,080,567,218 won and interest thereon at the rate of 25% per annum from August 19, 2011 to the date of full payment," and the above payment order decision was finalized as it is.

The spouse and the spouse of the defendant, who is between D and Dong branch, are children.

As to the instant real estate on September 27, 201, the Defendant completed the registration of creation of a mortgage (hereinafter “mortgage of this case”) around the obligor D and the Defendant based on the right to collateral security (hereinafter “mortgage of this case”).

E. When the non-party company delayed the repayment of the principal and interest of the loan, the Plaintiff applied for a compulsory auction on the instant real estate based on the payment order stated in the said Paragraph, and on October 8, 2018, a compulsory auction (hereinafter “instant auction procedure”) was commenced with the Seoul Central District Court C, and the instant real estate was sold on July 25, 2019 at the instant auction procedure.

F. On August 22, 2019, a court of execution shall take the amount of KRW 699,415,939, which is to be distributed in fact on August 22, 2019, (1) the amount of KRW 234,929,87, and (2) the amount of KRW 464,486 to the Defendant based on the instant right to collateral security in the second order.