1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The registration of ownership transfer was completed on March 22, 2005 in the name of Ulsan-gun, Ulsan-gun, 4809 square meters of forest land (hereinafter “instant real estate”).

B. As to the instant real estate, on September 15, 2005, the registration of the establishment of a mortgage near the Defendant, the maximum debt amount of KRW 170 million, D, and the mortgagee, was completed.

C. On May 9, 2012, upon the application of E, the mortgagee, the instant real estate (hereinafter “instant auction procedure”) commenced on May 9, 2012, and on June 20, 2013, the said real estate was sold by auction to the salary corporation.

In the auction procedure of this case, the Defendant received dividends of KRW 66,123,732 as the first mortgagee.

[Ground for Recognition: Facts without dispute, entry in Gap evidence 2 and 4, purport of the whole pleadings]

2. The plaintiff's assertion and judgment thereon

A. The Plaintiff’s assertion that the real estate of this case was purchased by G from the Plaintiff, the Defendant, and D with investments in the purchase fund for real estate, and the registration of ownership transfer was completed in the name of D. The other investors completed the registration of establishment of a neighboring mortgage with the purchase price paid by each investor

At the time, the Plaintiff paid KRW 120 million to G with the purchase price of the instant real estate, and the Defendant paid KRW 50 million to G. The sum of the purchase price between the Plaintiff and the Defendant was the maximum debt amount, and completed the registration of creation of a mortgage in the instant real estate under the name of the Defendant, with the maximum debt amount exceeding KRW 170 million.

Therefore, in the instant auction procedure, the Defendant is obliged to pay to the Plaintiff KRW 46,675,575 (=6,123,732 won x 120,000,000/170,000,000) based on the ratio of purchase price borne by the Plaintiff out of the amount distributed as a mortgagee of the right to collateral security of the instant establishment of a mortgage in the instant auction procedure.

B. The facts stated in the evidence Nos. 1, 3, 6, and 8 alone are to secure the amount of KRW 120 million out of the secured debt amount of the instant registration of the establishment of the neighboring mortgage of this case as the purchase price of the instant real estate by the Plaintiff.