1. The plaintiff's lawsuit shall be dismissed.

2. Each real estate indicated in the separate sheet between the Plaintiff’s successor intervenor and the Defendant.

Basic Facts

On April 22, 2011, the Plaintiff completed the registration of creation of a mortgage for each of the real estate listed in the separate sheet No. 41026 of the Jung-gu District Court, Namyang-ju registry, which received the maximum debt amount of KRW 1 billion, KRW 79 billion, the debtor D, and the Plaintiff as a mortgagee. On April 28, 201, the Plaintiff lent KRW 830 million to D on the same month.

(1) On November 28, 201, the Defendant entered into a contract with each of the real estate listed in the separate sheet (hereinafter “instant real estate”). On November 28, 201, the Defendant entered into a contract for the partial extension construction of the second floor with the contract amount of KRW 358 million and the construction period from December 1, 2011 to April 30, 201 (hereinafter “instant contract”) with respect to the building listed in paragraph (4) of the separate sheet (hereinafter “instant building”). From around that time, the instant construction was performed (hereinafter “instant construction”).

On January 3, 2013, the Plaintiff filed an application for voluntary auction on each of the instant real estate based on the aforementioned collective security right with F with the Government District Court F, and received a decision to commence voluntary auction from the above court on the 24th of the same month. As to each of the instant real estate, the registration of the entry of the decision to commence voluntary auction was completed on January 25, 2013.

Accordingly, the auction procedure for each real estate of this case (hereinafter “instant auction procedure”) was in progress.

On June 18, 2013, the Defendant reported the lien to the above auction court on the possession of each of the instant real estate in order to secure the claim for construction cost of KRW 358,000,000, possessed by E in accordance with the instant contract.

Plaintiff

On September 30, 2013, the succeeding intervenor acquired the Plaintiff’s loan claims against D and each of the instant mortgage claims from the Plaintiff. On the same day, the Plaintiff notified D of the assignment of claims.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 to 10, Gap evidence 2-1, 2-2, Gap evidence 3-1, 2-1, 4-2, and 4-1, 2-2, and all of the arguments are asserted by the parties concerned.