1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 12, 2016, E Co., Ltd. (hereinafter “E”) obtained a loan from the Defendant, and completed the registration of creation of a neighboring mortgage (hereinafter “the instant collateral security”) against the second floor G of the F building of Daegu Northern-gu, Daegu (hereinafter “instant real estate”) owned by the Defendant, with respect to the maximum debt amount of KRW 192,40,000, and the debtor E and the mortgagee as the Defendant.

B. Upon delinquency in the payment of the above loans, the Defendant filed an application for voluntary auction with the Daegu District Court H based on the instant collateral security right, and the said court rendered a decision to commence voluntary auction on June 15, 2017.

C. Since then, E would pay to the Plaintiff KRW 20,00,000, out of the lease deposit, the Defendant would have partially repaid the loan and cancelled the above auction procedure. On August 11, 2017, the Plaintiff wired KRW 20,300,000 to the account of the representative E representative I.

On August 22, 2017, the Plaintiff entered into a lease contract between E and E with a rental deposit of 30,000,000, monthly rent of 250,000, management fee of 50,000, and the lease contract between August 22, 2017 and August 21, 2019, and filed a move-in report on August 28, 2017, and received a fixed date on September 27, 2017.

E. E, upon the Plaintiff’s partial repayment of the loan to the Defendant with the lease deposit received in advance, the Defendant withdrawn an application for voluntary auction on September 4, 2017, and on September 7, 2017, the Plaintiff transferred the remainder of the lease deposit KRW 10,000,000 to E’s account.

F. Since then E delayed repayment of loans to the Defendant, the Defendant filed an application for voluntary auction with the Daegu District Court D, and the said court rendered a decision to commence voluntary auction on November 6, 2017.

(g) The above auction procedure is “instant auction procedure.” On the date of distribution implemented on August 23, 2018 with respect to the instant auction procedure, the said court held that KRW 456,480, out of the amount to be actually distributed, 130,884,681, and 456,480, among the said amount to be actually distributed, to the North-gu Office of Daegu Metropolitan City, a person entitled to issuance of the said tax, in the