1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On November 20, 2001, the Plaintiff awarded a successful bid for each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) in the D Voluntary Auction Procedure for Seosan Branch of Daejeon District Court. The Plaintiff completed the registration of ownership transfer in the name of the Plaintiff.

B. On November 20, 2001, the Plaintiff borrowed 40 million won from the National Agricultural Cooperative Federation. On the same day, the Plaintiff completed the registration of creation of a mortgage near the first order of the debtor, the National Agricultural Cooperative Federation, the maximum debt amount, 52 million won with respect to each of the instant real estate.

C. On August 10, 2005, the Plaintiff completed the registration of the establishment of a mortgage on the second-class collateral of the debtor, the mortgagee E, the maximum debt amount, 130 million won on the ground of a contract to establish a mortgage on August 9, 2005 (hereinafter “instant contract”) with respect to each of the instant real estate on August 10, 2005.

(hereinafter “instant collateral security”). D.

E, on February 1, 2013, the Defendant borrowed KRW 40 million on May 30, 2013 and interest rate of KRW 1.5 million from the Defendant, and on the same day, assigned the instant right to collateral security and its secured claim to the Defendant. On February 4, 2013, the Defendant notified the Plaintiff of the transfer of KRW 60 million as the secured claim of the instant right to collateral security.

E. Meanwhile, on November 27, 2013, at the request of the National Agricultural Cooperative Federation and the Nonghyup Bank Co., Ltd. that comprehensively held the above-mentioned first-class collateral and its secured claim, the auction procedure was conducted after the voluntary decision to commence auction was rendered (Seoul District Court Dasan Branch C). On December 26, 2013, the Nonghyup Bank Co., Ltd transferred the above secured claim to the Asset Management Company. On February 6, 2014, the Asset Management Company completed the registration of transfer of the first-class collateral on the instant real estate on December 26, 2013.

F. At the above voluntary auction procedure, each of the instant real estate was sold in KRW 104,60,000,000 in the real estate in August 8, 2014, and the executing court was the court of execution on September 26, 2014.