1. The Plaintiff, the New Bank Co., Ltd.: KRW 37,264,676 for the Defendant, KRW 10,880,885 for the Defendant B, and the Korea Labor Welfare Corporation for the Defendant.

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant loan”), on September 15, 2005, the registration of creation of the right to collateral security (hereinafter “right to collateral security”) was made in the name of the Defendant New Bank Co., Ltd. (hereinafter “Defendant Bank”), on September 20, 2005, the registration of establishment of the right to collateral security (hereinafter “right to collateral security”) in Defendant B’s future on September 20, 2005, and the registration of attachment was made in the name of the Defendant Labor Welfare Corporation (hereinafter “Defendant Corporation”).

B. Defendant B filed an application for voluntary auction against the instant loan on the basis of Defendant B’s right to collateral security, and thereafter, in the Changwon District Court D voluntary auction (hereinafter “instant auction”), which commenced accordingly, the Plaintiff paid the price on July 18, 2008 upon obtaining a decision of permission for sale as the highest bidder on June 16, 2008 and made a registration of ownership transfer on July 30, 2008 (hereinafter “Plaintiff’s registration of ownership transfer”).

C. On August 18, 2008, Defendant Corporation received dividends of KRW 393,710 in the first order as a seizure right holder, Defendant Bank received KRW 37,264,676 in the second order as a mortgagee, and Defendant B received KRW 10,880,885 in the third order as a mortgagee.

On January 14, 2011, the Plaintiff sold the instant loan to E, and completed the registration of ownership transfer in the future on February 16, 2011, and on September 1, 2011, E had registered the establishment of the instant loan in the name of Kimhae Agricultural Cooperative.

E. On the other hand, C filed a lawsuit against the Plaintiff, E, and Kimhae Agricultural Cooperative, claiming that the establishment registration of a mortgage in the Changwon District Court was null and void, and that the registration of the establishment of a mortgage in the Defendant B was also null and void, and that the Plaintiff and E’s ownership transfer and the registration of the establishment of a mortgage in the vicinity of Kimhae Agricultural Cooperative was also null and void (hereinafter “the separate lawsuit”).

The above court on July 24, 2013