1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Around October 19, 2001, with respect to the unit D Building Nos. 701 through 707 (hereinafter “the instant real estate”) in Ansan-si, the contract was concluded with the East-si Industrial Development Co., Ltd. to sell the sale price of KRW 1,081,249,550 (=the remainder of KRW 200 million, the remainder of KRW 881,249,550, and the remainder was to be paid at the time of completion) under the name of the E and the Defendant (hereinafter “instant sales contract”), and the down payment of KRW 200 million was paid on the same day.

Real estate for the purpose of sale is included in the above D 604 to 607.

B. On November 30, 2001, the registration of ownership transfer was completed in the name of E and the defendant on November 30, 2001.

C. Meanwhile, on November 30, 2001, on the instant real estate, the registration of creation of a neighboring mortgage, which consists of KRW 1.2 billion, was completed on the part of the Light Bank Co., Ltd. (hereinafter “Korea Bank”), E, the debtor, and the maximum debt amount.

The maximum debt amount of the above right to collateral security was changed to 60 million won on October 22, 2003.

On June 18, 2004, the Plaintiff purchased 1/2 shares of the instant real estate from E, and completed the registration of ownership transfer on June 28, 2004. On March 23, 2007, the Plaintiff completed the registration of change of the right to collateral security with the debtor of the said right to collateral security on March 26, 2007.

The right to collateral security (hereinafter “instant right to collateral security”) all of which have been completed before the registration of alteration is completed.

On February 3, 2014, the Bank applied for voluntary auction of the instant real estate based on the instant right to collateral security, and rendered a decision to commence the voluntary auction of real estate (hereinafter “instant auction”) to the Suwon District Court, Ansan Branch C, in order to make a decision.

F. In the auction of this case, the auction court determines the amount to be actually distributed to the Plaintiff as KRW 972,771,748, and among them, KRW 486,385,874 (= KRW 972,771,748 x 1/2) equivalent to the Plaintiff’s share x 3,194,680 and the secured debt of the instant mortgage.