1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The E-building housing association, which is an association established to construct a major apartment complex on the ground of 3305m2 in Daejeon Jung-gu, Daejeon, Daejeon, was executing and completing the “F main apartment building construction work” on the said land.

B. On June 20, 2008, the E-Re-building Housing Association concluded a mortgage agreement with the Defendant regarding the 13 households of commercial buildings listed in the separate sheet among the above apartment units with each maximum debt amount of 1.266 billion won, and the debtor E-building Housing Association with each of the above apartment units. On the same day, on the same day, the Daejeon District Court completed the registration of the establishment of a neighboring mortgage (hereinafter “First-mortgage”) with each of the Defendant as the Daejeon District Court No. 34206, Jun. 20, 2008.

C. After that, on March 17, 2010, the Defendant applied for the commencement of voluntary auction against the above commercial building on the basis of the right to collateral security and received a decision to commence the auction.

On the other hand, Korea Mutual Savings Bank, etc. filed a lawsuit against the Defendant, etc. seeking the revocation of the act of establishing a right to collateral security and the cancellation of registration of the said act. On August 10, 2010, the first instance court rendered a judgment accepting the claim for revocation of a fraudulent act on the grounds that the appellate court revoked the first instance judgment and rendered a judgment dismissing the claim for revocation of a fraudulent act, but the appellate court rendered a judgment dismissing the claim for revocation of the fraudulent act on November 13, 2014. However, the Supreme Court reversed the part dismissing the claim for revocation of the fraudulent act and remanded the case on November 13, 2014 and then reversed the second instance trial (Seoul High Court 2014Na4062).

E. On August 5, 201, after the judgment of the first instance court, the Defendant and the Plaintiff agreed to set the transfer proceeds as KRW 350 million (hereinafter “instant contract amount”) and transfer claims related to the first right to collateral security to the Plaintiff (hereinafter “instant agreement”), and on the same day, draw up a statement of performance and a statement of payment as follows.

[Written Performance] all the activities of the E-building price bidding shall be conducted in the name of the defendant, but the auction costs and bidding activities shall be conducted.