1. Revocation of a judgment of the first instance;

2. 480,764,979 won for each real estate listed in the separate sheet.

1. Basic facts

A. On April 1, 2008, the Industrial Bank of Korea established the respective right to collateral security (hereinafter “B”) between Japan and the maximum debt amount of KRW 210 million on April 1, 2008 with respect to each of the real estates listed in the separate list (hereinafter “the instant real estate”), and again, was established with regard to the right to collateral security (hereinafter “the maximum debt amount of KRW 190 million) on April 29, 2008, and subsequently filed an application for an auction with the Korean Government District Court Da, as the secured debt of each of the respective right to collateral was not repaid.

Accordingly, on October 20, 2010, the decision to commence auction was made and the registration of the decision to commence auction was completed on the instant real estate on the same day.

(hereinafter) The auction procedure that had been proceeded with the above circumstances is "the auction procedure of this case" and the registration of the decision on commencing auction of this case is "registration of the decision on commencing auction of this case".

In the instant auction procedure, the Defendant filed a lien on December 15, 2010 with respect to the instant real estate claim of KRW 480,764,979 as to the instant real estate.

C. On December 23, 2010, the Industrial Bank of Korea transferred the claims secured by each of the above collateral security rights to the Plaintiff, and notified the transfer of claims to B on the 24th day of the same month and around the 27th day of the same month.

The Plaintiff was awarded a successful bid for the instant real estate at the instant auction procedure and paid the sales price in full on June 4, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, and 25 evidence (including evidence with a serial number, and unless otherwise indicated; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant’s claim for construction price is false, and the Defendant did not possess the instant real estate at the time of the completion of the registration of the decision on commencing the auction of this case. As such, the Defendant did not establish a lien on the instant real estate. 2) The Defendant recognized the circumstance that the commencement of the auction procedure was imminent upon the application of the senior mortgagee.