1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff has monetary claims against B, “1,961,457,669 won and the amount calculated by the rate of 25% per annum from November 4, 1998 to the day of full payment,” based on the final judgment of the Seoul Central District Court 2010Kahap10280 of the assignee-payment lawsuit against B.

B. B and the Defendant owned 1/2 shares in each of the 1/2 shares of D apartment located in two lots outside Gangnam-gu Seoul, Gangnam-gu, Seoul and 73.61/1128.8 shares in each of 502 square meters of 564 square meters in Gangnam-gu, Seoul.

C. B and the Defendant completed on June 19, 1998 the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the whole share of the above building and land as to the F, with the maximum debt amount of KRW 600 million, B and the debtor, the defendant, and the mortgagee F. D.

On March 2, 2007, part of the right to collateral security of the instant case is "Tsung Life Insurance Co., Ltd." hereinafter.

(E) On February 1, 2011, a compulsory auction (Seoul Central District Court G) was commenced for each share of the above building and land on the same day, and the Defendant was awarded each share on November 18, 201, and on December 22, 201, the date of distribution of the above auction procedure, the F was paid KRW 20 million and Samsung Life Insurance received each share of KRW 400 million on the basis of the instant collective security right on December 22, 201. [Grounds for Recognition] The fact that there was no dispute, Gap evidence 1 through 3 (each entry in each number, and the purport of all pleadings).

2. The parties' assertion

A. As the Plaintiff’s assertion and the auction of B shares out of the above building and land had been conducted, the Defendant, a co-debtor of the instant right to collateral security, was exempted from the Defendant’s obligation to the F and Samsung Life Insurance, due to the distribution of KRW 600 million in total to F and Samsung Life Insurance, which is the creditor. B had a claim for reimbursement of KRW 300 million against the Defendant.

The plaintiff has a monetary claim against B as a preserved bond, and B is insolvent.