1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The establishment of the first and second collateral mortgage and the provisional seizure order 1) the real estate listed in the separate sheet (hereinafter “instant real estate”)

As to the registration of initial ownership was completed on September 7, 200. The registration of initial ownership was completed on September 7, 200. The registration of initial ownership was completed on September 8, 200, the maximum debt amount of KRW 500,000,000, the debtor D, and the Industrial Bank of Korea of the mortgagee D (hereinafter “first collateral mortgage”).

(2) On September 25, 200, the Defendant, as the right to preserve the claim for the construction price against D, was issued a provisional attachment decision (hereinafter “the provisional attachment decision of this case”) against D on September 25, 200 as the Daejeon District Court 200Kahap153, and on September 26, 200, the provisional attachment right holder was the Defendant and the entry registration was completed.

3) As to the instant real estate, the registration of creation of a neighboring mortgage consisting of the maximum debt amount of October 23, 2000, KRW 500,000,000, and the debtor D and the mortgagee’s small and medium enterprise (hereinafter “second collateral mortgage”) is deemed to be the “second collateral mortgage”).

On October 23, 200, the provisional registration of the right to claim ownership transfer was completed on the same day with the right holder as the plaintiff, and on October 23, 2000, the provisional registration of the right to claim ownership transfer was completed on March 27, 2002 with the owner of March 27, 2002 as the plaintiff as the plaintiff, and the registration of ownership transfer was completed on October 23, 2000 thereafter on the first and second collateral mortgages (hereinafter referred to as "the registration of ownership transfer of this case") with respect to the first and second collateral mortgages as of May 16, 200, each transfer amount of 250,000 won as of May 16, 2003 and as the plaintiff as the mortgagee of the right to collateral security was completed on March 21, 2002.

B. As a result of the lawsuit between the defendant and D, the defendant completed the registration of the provisional seizure in this case, and subsequently filed a lawsuit against D, etc. for the claim for construction cost, which is the right to be preserved for the provisional seizure in this case, with the Jeonju District Court 200Kahap6734, and lost against D in the first instance court. However, in the case of Gwangju High Court 2002Na4107, which is the appellate court on November 12, 2002, "D and E jointly pay the plaintiff KRW 180 million."