1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 27, 2012, the Defendant concluded a sales contract with a special agreement to sell 1,088,500,000 won for a factory site A, in the name of the non-party Kin Real Estate Trust Co., Ltd. (hereinafter “the instant real estate”) owned by the Defendant, which was trusted to the non-party Kin Real Estate Trust Co., Ltd. in the name of the non-party Kin Real Estate Trust Co., Ltd. (hereinafter “Spool Engineering”).

B. On June 20, 2012, the Defendant cancelled the registration of trust in the name of the said K non-Real Estate Trust Co., Ltd., and completed the registration of transfer of ownership under the name of the Defendant under the name of the Defendant on April 27, 2012 under the receipt of the Busan District Court’s Cheongwon District Office. On the same day, on April 27, 2012, the Defendant again completed the registration of transfer of ownership in the name of the Sim Engineering under the receipt of the said registry office as the grounds for registration under Article 9564. The Defendant completed the registration of transfer of ownership in the name of Sim Engineering under the name of the said registry office.

C. On the other hand, on June 19, 2012, the Plaintiff entered into a credit transaction agreement with the Sim Engineering. On the same day, the Plaintiff entered into a mortgage contract with “the maximum amount of claims 960,000,000,000 won, debtor's flood engineering, and the Plaintiff as the mortgagee,” with respect to the instant real estate. On June 20, 2012, the registration of transfer of ownership in the name of the Sim Engineering and additional registration with a special agreement for redemption under the name of the Defendant was made, and on the same day, the Plaintiff completed the registration of establishment of the Plaintiff's neighboring mortgage under the name of the Plaintiff as prescribed in Article 9565.

The Plaintiff filed a voluntary auction of the instant real estate with the Changwon District Court Jinju Branch B to collect the principal and interest of interest of the instant real estate in order to delay the repayment of the principal and interest of the loan and delay in paying credit card bills, and the Defendant was under the process of selling the instant real estate.