The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On January 11, 2010, H completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) of KRW 616 million with respect to each real estate indicated in the separate sheet (hereinafter “each of the instant real estate”). On December 13, 2012, H changed the maximum debt amount to KRW 400 million with respect to each of the instant real estate owned by it (hereinafter “instant real estate”).

B. On September 5, 2012, the Plaintiff entered into a lease agreement with H to lease the instant real estate Nos. 1 and 2 (hereinafter “instant housing”) with each of the terms from December 12, 2012 to March 11, 2015 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid the lease deposit to H and received the instant housing, and completed the move-in report on the instant housing on December 12, 2012 after obtaining the fixed date on the lease agreement, and completed the move-in report on March 27, 2012.

C. On February 10, 2017, the Plaintiff completed the registration of transfer of a right to collateral security on the ground of subrogation for a finalized claim on February 3, 2017, and thereafter, on June 18, 2019 upon the Plaintiff’s application based on the instant right to collateral security, the voluntary auction of each of the instant real estate was commenced with the G District Court G on June 18, 2019, and each of the instant real estate was sold to J and K on December 10, 2019.

On January 13, 2020, the execution court distributed the amount of KRW 564,931,057, which is to be actually distributed after deducting the execution expenses from the sale price, etc. for each of the instant real estate, to the Defendant Nam-si, the mortgagee, and KRW 1,320,540, and KRW 400,000,000,000,000 to the Plaintiff, the mortgagee, respectively, and KRW 163,610,517, which is equivalent to the remaining sale price for each of the instant real estate, to the Plaintiff, the lessee, and KRW 95,862,66,00,00,000