1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A.D completed the registration of ownership transfer on March 22, 2007 for multi-household houses of 12 households located on the E, F, and G’s land (including the instant real estate) due to voluntary auction.

B. On January 11, 2008, D prepared a notarial deed to the effect that the Plaintiff did not raise any objection even if the Plaintiff issued a promissory note with a face value of KRW 55,000,000, and the due date of March 31, 2008, and delayed the payment of the said note on the same day, even if they were subject to compulsory execution immediately.

C. D completed the registration of the establishment of a collective security right (hereinafter “instant collective security right”) against the obligor C, the maximum debt amount of KRW 500 million, and the Defendant B, under Article 7145, with respect to the said multi-household housing as the Government registry office of the District Court on January 18, 2008.

On April 2, 2008, the registration of ownership transfer was completed for the above multi-household housing.

E. On May 29, 2008, the Plaintiff filed a lawsuit claiming the cancellation of the establishment registration of the instant collateral security against Defendant B by subrogation of D on May 29, 2008 against the purport that the instant right to collateral security was falsely established without any monetary transaction between C and the Defendant B, or that the act of creating the instant right to collateral security is null and void as a juristic act contrary to good morals and other social order (No. 2008Gada31973) and filed a lawsuit against the Plaintiff seeking the cancellation of the establishment registration of the instant right to collateral security (No. 2008Gada31973). The said judgment became final and conclusive on October 8

F. On September 16, 2009, the decision to commence auction on the said multi-household house, which is the right to collateral security regarding the foregoing multi-household house, was rendered on September 16, 2009 and the registration of the decision to commence auction was completed on the same day. On November 2, 2010, the auction on the instant multi-household house, among the foregoing multi-household houses, was withdrawn and the auction procedure on the remaining houses was underway.

G. On November 29, 2010, the executing court shall order Defendant B, the mortgagee of the instant case, to 112,068,224 won.