1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Of the Seo-gu Busan Metropolitan Government D 208 square meters (hereinafter “instant land”), the transfer registration under the Plaintiff’s name was completed as of November 4, 199 for shares 280/630 shares, as of December 28, 2005 for shares 40/630 shares, as of December 28, 2005 for shares 1/9; as of December 28, 2005 for shares 1/9; as of March 6, 2008 for shares 3/36 shares, as of March 6, 2008 for shares 1/36 shares in the above land. The transfer registration was completed as of March 6, 2008 for shares 1/36 shares in the above land.

B. As of November 20, 1999 with respect to the share of 40/630, which was completed in the name of the Plaintiff among the instant land, the registration of the establishment of a mortgage was completed on March 11, 2009, with the debtor F and the maximum debt amount of KRW 22,50,000 with respect to the Plaintiff, the mortgagee, the mortgagee, and the maximum debt amount of KRW 22,50,000.

(hereinafter referred to as the "mortgage 1 of this case") (On the other hand, as of November 10, 1999 with respect to the above share, the registration of creation of a neighboring mortgage with the debtor F and the mortgagee F and the maximum debt amount of KRW 22,50,000 was cancelled on September 5, 2006).

Of the instant land, on March 18, 2009, the establishment registration was completed on March 18, 2009 with respect to each of the said shares and all of the said shares completed in the name of the Plaintiff (hereinafter “each of the instant shares”) and the said shares, the debtor of which was the Plaintiff, the mortgagee of the collective security interest, G, and the maximum debt amount of which was KRW 150 million.

(hereinafter “instant collateral security”). D.

After that, on March 14, 2012, according to the application of G, which is the right to collateral security, the auction procedure for each of the instant shares was initiated with the Busan District Court C.

(hereinafter “instant auction”) e.

The defendant received from G on December 6, 2012 the first and second collateral of this case and the secured claim of this case from G, and transferred the same month.

7. The defendant completed the registration of transfer of each of the above right to collateral security.

F. In the instant auction procedure, the said court shall distribute the amount of KRW 47,469,917 to be actually distributed on April 12, 2013 to the Seo-gu Busan Metropolitan City in the first order, and the remaining KRW 47,060,917 to the Defendant, who is a mortgagee, in the entirety.