1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 22, 2010, the provisional registration of the Plaintiff’s right to claim ownership transfer and the real estate listed in the separate sheet No. 1 owned by the registry (hereinafter “instant real estate”) were completed on February 22, 2010, E on February 22, 2010.

On September 8, 2017, the registration of transfer based on the transfer of rights as of September 8, 2017 was completed on the registration of the provisional right to claim ownership transfer under the title E, and the Plaintiff completed the registration of transfer of ownership based on the registration of the provisional right to claim ownership transfer on September 8, 2017.

B. On January 29, 2008, the Defendant completed the registration of establishment of a mortgage on the instant real estate and the real estate indicated in the separate sheet No. 2 attached hereto on January 29, 2008, with regard to the establishment of a mortgage on the ground of a mortgage contract on January 29, 2008, which was KRW 500,000,000.

(hereinafter “instant collateral security”). C.

On November 21, 2016, a decision to commence voluntary auction (F) was made on November 21, 2016 on the auction procedure with respect to the real estate owned by D and on November 21, 2016, the auction procedure was conducted.

(hereinafter “Prior Auction Procedure”). On March 9, 2018, the said court drafted a distribution schedule with the content that distributes KRW 118,966,443 to the Defendant, who is the mortgagee, on the date of distribution of the Prior Auction Procedure.

The debtor and the owner of the preceding auction procedure of this case stated an objection against the dividend amount of G and H on the date of the above distribution, but did not raise an objection against the dividend amount of the defendant.

(2) As to the instant real estate, a voluntary decision to commence auction was made upon the Defendant’s motion, and the auction procedure was in progress.

(hereinafter “instant auction procedure”). On June 15, 2018, the said court distributed KRW 407,868,551 to the Defendant, who is the mortgagee, on the date of distribution of the instant auction procedure, and did not distribute to the third acquisitor.