1. All of the plaintiff's claims are dismissed.

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

Basic Facts

On January 8, 2009, the Plaintiff completed the registration of ownership transfer on the ground of sale as of October 17, 2008 (hereinafter “instant ownership transfer registration”) with respect to the title of 523.4 square meters and F 514.8 square meters (hereinafter “instant real estate”) owned by the Defendant auxiliary intervenor (hereinafter “the Intervenor”). At the time, the instant real estate was under way the G G real estate auction procedure (hereinafter “instant voluntary auction procedure”) commenced on October 24, 2008.

On March 29, 2010, the Defendant’s wife obtained the decision to permit the sale of the instant real estate in the instant voluntary auction procedure, and decided to sell the instant real estate to the Plaintiff’s attached I. On May 3, 2010 and May 4, 2010, H transferred the ownership of the instant real estate to I by setting the purchase price as KRW 2.5 billion. At the same time, I agreed to complete the registration of the transfer of ownership by successful bid and at the same time I completed the registration of the establishment of a mortgage with a maximum claim amount of KRW 1.6 billion with H’s principal as KRW 1.30 billion with the maximum claim amount. At the same time, I agreed to complete the registration of the establishment of a mortgage over the instant real estate to H’s creditor with a maximum claim amount of KRW 1.60 billion with the remainder amount of KRW 80 million up to September 30, 201, and the sales agreement between I and the Plaintiff in the instant voluntary auction procedure with full payment of KRW 10.5 (hereinafter “the sales agreement”).

On June 1, 2010, the auction court prepared a distribution schedule stating that the remaining amount of KRW 543,628,584 (hereinafter “the surplus of this case”) is distributed to the Plaintiff, a third acquisitor of the real estate of this case (hereinafter “the Plaintiff’s right to the surplus of this case”) and the intervenor raised an objection against the distribution.

The plaintiff transferred the surplus of this case to the defendant on June 3, 2010 in accordance with the above trading agreement between I and H, and the auction court on June 4, 2010.