1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 21, 2009, the Defendant concluded a mortgage contract with respect to 4200/8,550/30 of the amount of debt KRW 420,000,000 with respect to the portion owned C out of the amount of 26,451 square meters of the land owned by Yong-gu, Young-gu, Young-gu, Gidong-si. On April 21, 2009, the Defendant completed the registration of establishment of a neighboring real estate on April 2

On April 23, 2009, the defendant set 300 million won as interest rate of 9% per annum to C.

B. The defendant on October 22, 2009 C and the above A.

As to C’s share of the immovable property indicated in the claim, the establishment of a mortgage agreement with the maximum debt amount of KRW 224 million was concluded, and on October 26, 2009, the establishment of a mortgage agreement with respect to the said immovable was completed.

On October 27, 2009, the defendant set 160 million won to C with interest rate of 9% per annum.

C. The above A.

On April 22, 2011, E is divided into 465 square meters of forest land and 12,993 square meters of forest land in F, and on April 25, 2013, G forest land was divided into 1,321 square meters.

(D) After partition, D forest land 11,672 square meters on the registry (hereinafter “D land”). G forest land 1,321 square meters was converted into 1,267 square meters on May 23, 2013, and the said land was divided into 848 square meters on May 23, 2013, and the said area became 419 square meters (hereinafter “H land”).

On August 26, 2011, the Defendant set up a loan of KRW 195 million with interest rate of KRW 95 million at 9% per annum. On the same day, the Defendant concluded a mortgage contract with the maximum debt amount of KRW 253,500,000 for the portion owned by the Plaintiff out of D land at KRW 12,993, out of D and completed the registration of establishment of a neighboring real estate on the same day.

E. The Defendant filed an application for voluntary auction with regard to D land and H land (the auction case of this case), and the above court rendered a decision to voluntarily commence auction on January 25, 2016.

F. On November 21, 2016, the Plaintiff: (a) paid the purchase price on Abane Co., Ltd. (hereinafter “Abane”) and D land as KRW 850 million; and (b) Lbane directly paid KRW 650 million out of the purchase price to the Defendant, the mortgagee of the said land, who is the mortgagee of the said land.