1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 5, 2003, the Defendant entered into a sales contract with C on each of the 2,116 square meters of forest land and 334 square meters of E miscellaneous land (hereinafter “instant land”) and paid the down payment to C.

B. On August 6, 2003, the Plaintiff entered into a sales contract with the Defendant for each of the instant land at KRW 110,000,000 (hereinafter “instant sales contract”) and paid the Defendant KRW 110,000,000 for each of the instant land.

C. Meanwhile, on August 13, 2003, the Defendant concluded a sales contract with the purchase price of KRW 115,000,000 with respect to the remaining 1/2 shares except for the portion sold to the Plaintiff among F and the instant land.

On September 16, 2003, the Defendant acquired ownership by completing the registration of ownership transfer on the instant land.

E. The Defendant created a collateral security (hereinafter “instant collateral security”) with regard to the Plaintiff’s share of 529/2166 shares among the 2,16 square meters of land in Incheon-gun D, Incheon-do, and the 333.5/334 square meters of E miscellaneous land, which was received on June 4, 2005 by the Incheon District Court No. 14538, supra, with regard to the Defendant, the mortgagee, the Plaintiff, and the maximum debt amount of 150,000,000 won.

F. On December 11, 2008, the area of 2,116 square meters for D forest land in Incheon-gun was divided into 1,058 square meters for D forest land and 1,058 square meters for G forest. On December 18, 2008, the ownership of 1,058 square meters for D forest land was reverted to the Defendant by division of co-owned property on December 18, 2008.

Since then, 1,058 square meters of D forest were again divided into 529 square meters of D forest and 529 square meters of H forest and 529 square meters on November 5, 2009.

G. Upon the application of the Plaintiff (In Mancheon District Court I) and the F (J) who is a mortgagee, the auction procedure was initiated regarding the land owned by the Defendant. On December 16, 2015, K purchased 83.5/334 shares out of 334 m34 m2 in Incheon, EF, Incheon, Korea, on January 28, 2006, 529 m29 m29 m2 in Korea and 529 m29 m2 in Korea, and the Plaintiff purchased each of the aforesaid auction procedure.

H. In the above voluntary auction procedure, the Plaintiff is a mortgagee of the right to collateral security, and the Defendant is the owner of the right to collateral security, respectively, KRW 31,83,419.