1. The plaintiff's claim is dismissed.

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

Basic Facts

In around 1995, the Defendant (former Modern Chemical Co., Ltd.) entered into a contract for the supply of building materials with the Madlim Co., Ltd. (hereinafter referred to as “stock company”) and supplied building materials accordingly.

B on December 20, 1995, with respect to each real estate indicated in the separate sheet, the Defendant completed the registration of creation of a collateral of KRW 200 million with respect to each real estate indicated in the separate sheet as the branch court of Suwon District Court on December 20, 1995, and the registration of creation of a collateral of KRW 500 million with respect to each real estate under the said supply agreement, as the receipt of the said assistance on May 7, 1997, with the maximum debt amount No. 9888.

(C) On April 19, 2001, the Defendant and the Defendant agreed to take over the contractual status of friendly property and add C to the debtor of the instant right to collateral security (hereinafter referred to as “instant right to collateral security”) with the consent of April 19, 201.

(hereinafter “instant contract underwriting agreement”). On April 28, 2001, according to the instant contract underwriting agreement, on April 28, 2001, the additional registration of each change in the respective right to collateral security (U.S. District Court No. 9682, No. 9683, the receipt of the said support) was completed, which added C to C as the obligor of the instant right to collateral security.

Since then, the defendant supplied C with the goods such as floor decoration, etc., and the goods price obligation to be borne by C as of May 1, 2016 is the total amount of KRW 575,072,262.

The defendant filed an application for a voluntary auction of real estate on each real estate listed in the attached list as a mortgagee, and this court rendered a voluntary decision to commence auction on May 31, 2016.

In the above voluntary auction procedure, the Plaintiff made a demand for distribution based on an executory payment order for the case No. 2014 tea34851 in Seoul Central District Court.

On October 25, 2017, the court of auction is the holder of the right to deliver the amount of KRW 486,898,666 to be distributed actually (the pertinent tax) and is the holder of the right to deliver the amount of KRW 3,086,260 and the holder of the right to collateral security.