1. The plaintiff's claim of this case is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a person engaged in the installation business of Washington, etc., and the Defendant, along with C, newly constructed E-Ba and F-Ba, etc. of Busan Shodong-gu D.

B. On August 29, 2005 and August 30, 2005, the Plaintiff contracted for the construction of the above two lendings, and was drafted with a payment note in the name of the Defendant stating the content that the Plaintiff promised to pay the above money on August 30, 2005.

C. On July 3, 2006, the Defendant remitted KRW 10,000,000 to the Plaintiff, and partly repaid the instant loan.

While the Defendant was unable to fully repay the instant loan, on May 28, 2008, completed the registration of ownership transfer for E-Ba 501 (hereinafter “instant loan”) with respect to E-Ba 501 (hereinafter “instant loan”) to the Plaintiff on May 20, 208.

E. However, in 2006, the registration of creation of a neighboring mortgage of KRW 60,00,000 for the guarantee of loans to the National Agricultural Cooperative Federation, was completed, but the decision of voluntary auction was issued on May 16, 2008 and the Busan District Court G auction procedure was in progress.

(B) On March 25, 2011, the distribution schedule was prepared on May 12, 2011. The Plaintiff received dividends of KRW 51,040,578 from the owner of the instant loan in the position of the owner of the instant loan, and the said distribution schedule was finalized as it is.

G. On May 17, 201, the Plaintiff’s provisional attachment of KRW 10,464,320 [this is the amount of provisional attachment of claims issued at the request of the Korean Federation of Nonghyup Korea, the creditor of the Plaintiff, pursuant to the application of the limited-liability company specialized in the Green Cross Asset-Backed Securitization [the amount of provisional attachment of claims (the Busan District Court Order 201Kadan4860, May 11, 201)]; the remaining 40.