1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 28, 2012, the D Union established the first priority collective security right in the name of the debtor C, the maximum debt amount of 29,000,000 won, and the name of the mortgagee D, with respect to the third-story collective housing (1st floor, 77.58 square meters, 2nd floor, 92.95 square meters, 3rd floor, and 58.9 square meters (hereinafter referred to as “a separate real estate”) with respect to the instant site and its ground-based housing (hereinafter referred to as “the instant site and its ground-based housing”).

B. On April 12, 2017, upon the request of the D Association, a voluntary decision to commence the auction (F) by the Chuncheon District Court was rendered on the separate real estate on April 12, 2017, and the registration was completed on April 13, 2017, as to the separate real estate.

C. On June 30, 2017, when the auction procedure was in progress, the Plaintiff was transferred the right to collateral security in the name of the Plaintiff on a separate real estate under the name of the D Association for the reason of the transfer of the confirmed claim.

(2) No. 2 (1,2) of this title.

As a result of the appraisal conducted on a separate real estate in the above voluntary auction procedure, the appraisal conducted was assessed to KRW 454,975,650.

However, after October 30, 2017, the first sale date (minimum sale price of KRW 454,975,650), the Plaintiff was awarded a successful bid in KRW 199,00,000 on May 14, 2018 and the registration for transfer of ownership in the name of the Plaintiff was completed on June 12, 2018.

(No. 2-1, No. 2-3). The Plaintiff received dividends of KRW 199,00,000, the successful bidder.

E. Meanwhile, in addition to the separate real estate, C owned the real estate indicated in the separate sheet (around 1,322 square meters in Gyeonggi-gun G G, and its ground H, I, J-dong building; hereinafter “each of the instant real estate”). Each of the instant real estate was the first secured mortgage in the name of the debtor C, the debtor C, and the mortgagee, under the name of K organization on November 22, 201, and the second secured mortgage in the name of the defendant, who is the mother of the debtor C, and the mortgagee C, as of July 21, 2014.

L, one of the creditors of C, is the act of establishing the second-class collateral security in the name of the defendant around 2015.