1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 6, 2010, the Plaintiff prepared to the Defendant a certificate of borrowing that the Plaintiff would return KRW 300 million to the Defendant by December 31, 2010 (hereinafter “the instant certificate of borrowing”). On September 13, 2010, the Plaintiff, based on the instant certificate of borrowing on September 13, 2010, set up a right to collateral security of KRW 300 million with respect to D land and building owned by the Plaintiff, under the name of the Defendant with respect to the Daegu-gun-gun D land and building on land.

(hereinafter “instant collateral security”). B.

On the basis of the instant right to collateral security, the Defendant filed an application for a voluntary auction of real estate with the Daegu District Court Branch C, and received a decision to commence the voluntary auction procedure from the said court.

(hereinafter “Voluntary Auction”) C.

On the other hand, on April 6, 2012, the Defendant filed a lawsuit against the Plaintiff on the claim for the agreed amount under the loan certificate with the Daegu District Court Branch Decision 2012Gahap1352, and rendered a favorable judgment against the Plaintiff that “the Defendant shall pay the Plaintiff 300,000,000 won and the amount calculated by the rate of 5% per annum from January 1, 201 to April 12, 2012, and 20% per annum from the next day to the date of full payment,” and that “the Plaintiff filed an appeal against the said judgment with the Daegu High Court Decision 2014Na964 on December 18, 2014.”

Therefore, although the plaintiff filed a second appeal with the Supreme Court on May 29, 2015, the above judgment became final and conclusive as it is.

On February 24, 2014, the Defendant filed an application for a compulsory auction of real estate with respect to the real estate owned by the Plaintiff under the original copy of the judgment with executory power to declare provisional execution of the above judgment (hereinafter “instant compulsory auction”). In the above auction procedure, the execution court did not submit the claim statement to the Defendant, and according to the details of the claim stated in the application for the auction, the amount of KRW 430,808,218 = the principal amount of KRW 30 million from January 1, 201 to February 24, 2014, the date of application for the auction from January 1, 2011 to February 24, 2014, the date of application for the auction is 130,808.