1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 12, 2008, C completed the registration of ownership transfer with respect to D & 265.2 square meters (hereinafter “the instant land”). On the same day, C and C were established with respect to the said land as the debtor C and the mortgagee’s right to collateral security (hereinafter “the instant right to collateral security”).

B. On October 16, 2008, regarding the instant land, the right to collateral security, which is the debtor, E, the maximum debt amount of 350,000,000, was set respectively, and on June 22, 2010, the debtor C, the maximum debt amount of 120,000,000 won was set.

C. On July 21, 2010, the Plaintiff entered into a credit guarantee agreement with C to guarantee the Defendant’s obligation to lend operating capital to the Bank of Korea by setting the credit guarantee principal of KRW 45,000,000 (in this case, the change to KRW 40,000) and the credit guarantee period until July 20, 2011 (the change to July 15, 2016), and the Defendant received a loan from the said bank.

From October 16, 2015, the Defendant had a guarantee accident in arrears with interest on loan obligations guaranteed under the above credit guarantee contract, and the Plaintiff had a provisional attachment registration completed on November 12, 2015 upon receipt of the decision of provisional attachment on November 10, 2015.

On December 11, 2015, the Plaintiff subrogated for KRW 40,459,140 to the Industrial Bank of Korea in accordance with the said credit guarantee contract.

E. On December 15, 2015, the Defendant transferred KRW 40,459,140 out of the right to collateral security as of June 22, 2010 by subrogation.

F. The Industrial Bank of Korea filed an application for voluntary auction on the instant land, and on December 2, 2015, there was a voluntary decision to commence auction as Suwon District Court B (hereinafter “instant auction procedure”).

G. On January 14, 2016, the Defendant reported the instant auction procedure’s claim to the auction court where the auction procedure was in progress, attaching a loan certificate stating “100,000,000 won for rent, and on June 11, 2008, the date of repayment of principal, May 31, 2013, the date of repayment of principal, and the creditor, the Defendant, and the debtor C.”

H. In the instant auction procedure, the Suwon District Court shall take the first order out of KRW 526,712,517, which is actually distributed on August 11, 2016.