1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 8, 2009, D Co., Ltd. (hereinafter “D”) entered into a credit transaction agreement (hereinafter “instant loan”) with D on May 8, 201 with FD Mutual Savings Bank (hereinafter “FD Savings Bank”). The registration of the creation of a collateral security (hereinafter “instant collateral security agreement”) with the maximum debt amount of KRW 1 billion with a maturity of KRW 1 billion and KRW 1 billion with a maturity of May 8, 2014. In order to secure the obligation to repay D’s principal and interest of loan under the said loan agreement, the registration of the creation of the collateral security (hereinafter “instant collateral security”) with the maximum debt amount of KRW 1.3 billion with respect to the instant real estate owned by the Plaintiff, Gangnam-gu Seoul E, 79 Dong-dong 806 (hereinafter “instant real estate”).

B. On May 7, 2012, the registration of the instant right to collateral security was completed in additional registration of the transfer of the right to collateral security in the name of NonS Savings Bank (hereinafter “NonS Savings Bank”) under the name of NonS Savings Bank (hereinafter “NonS Savings Bank”), which is the ground for registration for the decision to transfer a contract on January 3, 201

C. On April 19, 2013, Nonparty F subrogated KRW 12,496,660 of the principal and interest of this case, and the Defendant subrogated KRW 43,730,698 of the principal and interest of this case on May 8, 2013.

On June 19, 2014, the Seoul Central District Court C opened a voluntary auction procedure on the instant real estate on June 19, 2014.

On June 30, 2014, the Defendant subrogated the remainder of the principal and interest of 564,830,809 won to NonSS Savings Bank, and on the same day, the supplementary registration of the transfer of mortgage under the name of the Defendant, whose cause of registration is the subrogation, was completed.

On May 21, 2015, when distributing KRW 2,677,356,850 to the above sale price, etc., the execution court prepared a distribution schedule with the content that distributing KRW 664,519,096 (hereinafter “instant distribution”) to the Defendant in the fourth order. The Plaintiff, the owner of real estate, appeared on the date of the said distribution and raised an objection against the Defendant’s distribution, and thereafter filed the instant lawsuit on May 28, 2015.

[Grounds for recognition] There is no dispute, Gap No. 1.