1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In the course of obtaining a loan from D Co., Ltd. (hereinafter “Nonindicted Company”) from C (hereinafter “C”), the Plaintiff completed the registration of creation of each of the instant real estate owned by the Plaintiff to C on October 24, 2007 with respect to each of the instant real estate by the maximum debt amounting to KRW 975 million, the debtor company, and the mortgagee C.

(hereinafter “instant collateral security”). B.

C Based on the instant right to collateral security, the Gwangju District Court filed an application for voluntary auction E with the Gwangju District Court, and the said court rendered a decision to commence voluntary auction on April 23, 2010.

(hereinafter “Voluntary Auction”) C.

The defendant purchased each real estate of this case in the voluntary auction procedure of this case and completed the registration of ownership transfer on October 13, 2010, such as the written claim, with respect to each real estate of this case.

(hereinafter referred to as the "registration of transfer of ownership of this case"). / [Grounds for recognition] The entry of Gap Nos. 1, 7, and Eul No. 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. On December 29, 2009, the Plaintiff’s assertion C received dividends from the sale price in the public sale procedure for the F&A project site implemented by the Nonparty Company, and appropriated the entire loan claims against the Nonparty Company including the secured debt of the instant mortgage (hereinafter “instant loan claims”) to repay the principal amount of the loan claims against the Nonparty Company (hereinafter “instant loan claims”).

Meanwhile, at the time of establishing the instant mortgage, the Plaintiff provided limited collateral guarantee for the loans additionally incurred, and the non-party company fully repaid the interest on the above additional loans accrued prior to the establishment of the instant mortgage to C.

Even if the Plaintiff did not provide a limited collateral guarantee for the additional loans, or the instant loans or the additional loans remain, C and the non-party company took effect on December 15, 2009.