1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 21, 2013, the Defendant entered into a contract with Nonparty C to sell the purchase price of KRW 105,000,000 (the contract amount of KRW 10 million, intermediate payment of KRW 10 million, the remainder of KRW 85,00,000,00, and KRW 50,000,000,00, which is the Defendant’s ownership (hereinafter “instant real property”) to Nonparty E as a broker of Nonparty C. On November 15, 2013, the transfer registration of ownership in the name of E was completed on November 15, 2013.

B. E applied for a loan of KRW 70 million to Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) with the instant real property as collateral. On November 15, 2013, Hyundai Capital: (a) established the right to collateral security of KRW 91 million with respect to the instant real property; and (b) deposited KRW 42,876,138, 138 of the loans, excluding the transfer cost of KRW 35,00 and the repayment cost of the secured debt of senior collateral security to the Defendant’s account designated by E; and (c) deposited KRW 35,00 in the Defendant’s account designated by E.

C. Meanwhile, from the auction procedure (Seoul Northern District Court F, G (Dupl) in progress with respect to the instant real estate (Seoul Northern District Court) on August 10, 2015, the prior tenant H was paid KRW 50 million on the date of open distribution, the prior tenant was paid KRW 5,524,220, respectively.

On the other hand, Hyundai Capital Co., Ltd. entered into an insurance contract in order to cover losses incurred by the registration agent in the course of performing the registration duty with the FA, and the Plaintiff entered into a contract with the FA on August 21, 2006 to investigate the title of the real estate and to enter into a business partnership agreement with the FA and conducted the registration of the establishment of the neighboring mortgage of Hyundai Capital. B.

The Plaintiff performed the establishment of the right to collateral security as delegated by Hyundai Capital.

E. Modern Capitalsc. FA

As described in paragraph (1), a prior lessee has not received dividends, and the FA has claimed insurance proceeds of KRW 50,000,000.