1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to each real estate listed in the separate sheet owned by A (hereinafter referred to as “each of the instant real estate”), the Plaintiff completed the registration of the establishment of a mortgage on December 13, 201 with the Suwon District Court No. 50,000,000 won with respect to each of the instant real estate (hereinafter referred to as “each of the instant real estate”) as the maximum debt amount, and with respect to the obligor A and the Plaintiff’s collateral security (hereinafter referred to as the “mortgage”).

B. On March 13, 2015, the Plaintiff filed an application for a voluntary auction of real estate B (hereinafter “instant auction”) with the Suwon District Court based on the foregoing right to collateral security (hereinafter “instant auction”) with respect to each of the instant real estate owned by A, and the said court accepted the said application on March 16, 2015, and issued a decision to commence the voluntary auction procedure.

C. In the above auction procedure, each of the instant real estate was sold at KRW 481,50,00, and the distribution procedure was conducted on January 7, 2016 with respect to KRW 475,610,738, which was to be actually distributed out of the proceeds from the sale, and the Plaintiff received KRW 1,590,370,00 in total, (i.e., KRW 113,259,47,111), and (ii) in the second order, the Republic of Korea (personal seal), as a tax attachment authority, as a tax attachment authority, KRW 56,93,244, as a tax attachment authority, and KRW 5,709,69,698 as a tax attachment authority, and KRW 227,542,898 as a collateral creditor by the Plaintiff.

On December 14, 2015, the Defendant filed a claim for the issuance of KRW 278,815,560 in total, including the unpaid amount of KRW 151,401,350 and the additional charges of KRW 127,414,210, among the development charges to create a neighborhood living facility and a multi-family house site for the payment deadline of March 10, 201, in the instant auction procedure.

The first payment notice date of the development charges is around September 13, 2010.

[Ground of recognition] Facts without dispute, significant facts in the court, each entry of Gap evidence 1-1 and 2, each entry of Eul evidence 1-1 to 3, and the purport of whole pleadings

2. KRW 183,774,528, which was distributed to the defendant claiming the cause of the instant claim, is stipulated in the Restitution of Development Gains against A (hereinafter “Development Gains Restitution Act”) by the defendant.