1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On March 15, 2006, the Defendant: (a) concluded an additional contract on the establishment registration of a mortgage with respect to the 315.7 square meters (hereinafter “the instant real estate”) owned by Nonparty A and the 315.4 square meters (hereinafter “the instant real estate”) owned by Nonparty A on March 15, 2006 with respect to the non-party company, the maximum debt amount of 784,000,000 won (hereinafter “the instant real estate”); and (b) completed the registration of the establishment of a mortgage with respect to the instant real estate owned by the non-party company, the non-party company, the maximum debt amount of 784,00,000 won; and (c) subsequently, on February 15, 2008, the registration of the establishment of a mortgage was completed on February 20, 2008 (hereinafter “the instant real estate”).

B. On December 19, 2006, the Plaintiff entered into a mortgage contract with the non-party company regarding the instant real estate. On the same day, the Plaintiff completed the registration of establishment of a mortgage with the non-party company, the maximum debt amount of KRW 400,000,000, and on March 26, 2007, entered into a mortgage contract with A as to the instant real estate, and completed the registration of establishment of a mortgage with the debtor A, the maximum debt amount of KRW 400,000,000 on the same day.

(3) The real estate of this case was not offered as joint collateral for the defendant's mortgage at the time when the plaintiff completed the registration of creation of a neighboring mortgage on each of the above real estate.

On the other hand, the instant case ① and ② the auction procedure was conducted from April 30, 207 to around July 2008 upon the Defendant’s voluntary auction application for real estate, and the auction was sold on or around July 14, 2008. The Defendant, as the third-class distribution creditor on August 14, 2008, received 680,919,572 out of the reported amount of claim KRW 724,041,640, and the Plaintiff was not paid dividends.

After that, on August 29, 2008, the defendant paid 42,504,105 won, which is the actual amount of repayment from A, to the time of the shortage in dividends, by subrogation.