1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 9, 2005, the Defendant completed the registration of creation of a neighboring mortgage of KRW 1,540,000 on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with respect to the establishment of a mortgage over the maximum debt amount of KRW 1,540,000,000 on November 9, 200, and on each of the real estates listed in the separate sheet Nos. 1 and 2 in the separate sheet (hereinafter “instant No. 1 and 2 real estates”) on September 28, 2010 (hereinafter “instant No. 2 collateral mortgage”).

B. On May 7, 2007, the Plaintiff completed the registration of the establishment of a mortgage over KRW 400,000,000 (hereinafter “the third collateral mortgage”) with respect to each of the real estates listed in the attached list 3, 4, and 5 (hereinafter “the third collateral mortgage”), with respect to the establishment of a mortgage over KRW 300,000,000 with respect to each of the instant real estates (hereinafter “the fourth collateral mortgage”). The registration of the establishment of a mortgage over KRW 300,000 with respect to each of the instant real estates (hereinafter “the fourth collateral mortgage”). The registration of the establishment of a mortgage over KRW 350,00,000 with respect to each of the instant real estates (hereinafter “the fifth collateral mortgage”), and the registration of the establishment of a mortgage over KRW 1,200,000 with respect to the instant real estates (hereinafter “the maximum debt amount of KRW 50,300,000, Apr. 23, 2010”).

C. The Defendant filed an application for the commencement of voluntary auction with respect to each of the instant real estate, and the voluntary auction was initiated to the District Court B and C, and each of the instant real estate was sold to KRW 2,259,00,000 in total in the said voluntary auction procedure.

On the date of distribution on March 9, 2015, the court below held that KRW 5,01,360,000, which is the first order with respect to each of the instant real property on the date of distribution, and KRW 976,163,018, which is the full amount of the secured debt, under the first priority mortgage of this case, to the Defendant with the second priority, and KRW 350,000,000 based on the fifth priority with respect to the instant secured debt, and KRW 40,00,000,000 based on the third priority with respect to the instant secured debt, based on the third priority with respect to the instant secured debt of the Plaintiff.