1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Busan Bank Co., Ltd. (hereinafter referred to as the “Usan Bank”) performed a loan to the Dong Energy Co., Ltd. (hereinafter referred to as the “YYG”) and registered the establishment of a neighboring maximum debt amount of KRW 240,000,000 on September 28, 2006 with respect to each real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”) in order to secure the claim for the loan.

After July 13, 2007, Busan Bank Co., Ltd. additionally made the registration of creation of a neighboring mortgage of KRW 240,000,000 on the instant real property (hereinafter referred to as “the registration of establishment of a neighboring mortgage of September 28, 2006”) for the establishment of a neighboring mortgage of KRW 240,000 on the instant real property.

B. On September 11, 2012, in order to secure a claim of KRW 300,000,000 against the debtor M Trade Co., Ltd., Nonparty B completed the registration of creation of a mortgage of KRW 300,000,000 with respect to the instant real estate, and on March 25, 2013, Nonparty B transferred the said claim to the Plaintiff on March 25, 2013, and completed the registration of relocation for the establishment of a mortgage on the same day with the transfer of the finalized claim as the grounds for registration

C. On December 30, 2013, the Busan Bank transferred to the Defendant the claim for the loan of the camping energy, and filed a registration of transfer of the establishment of the instant neighboring mortgage on the same day on the grounds of the transfer of the confirmed claim.

On September 27, 2013, according to the application for the commencement of voluntary auction by the Busan Bank, the voluntary auction of the real estate in this case began on September 27, 2013.

In the above auction case, the Defendant reported the secured debt of this case to 753,418,367 won. Accordingly, the Defendant was distributed KRW 179,667,713 from the above auction court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 shall include numbers, below.