1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

1. Basic facts

A. On May 27, 2011, the Plaintiff loaned KRW 2.7 billion to A, concluded a mortgage agreement with A on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on the same day to secure the said loan claims, and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a mortgage”) with the Ulsan District Court No. 52038, May 27, 201, as the receipt of the maximum debt amount of KRW 3.51 billion as of May 27, 201.

In addition, the Plaintiff entered into a superficies contract with A on the real estate listed in the [Attachment No. 4] No. 4 of the same day, and completed the registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) for a period of thirty years from the date of the registration of the creation of superficies by the Plaintiff and the expiration of the duration of the superficies (hereinafter “registration of creation of superficies of this case”).

B. The registration of creation of the instant superficies was revoked on September 3, 2012 by Ulsan District Court No. 92318, Sept. 3, 2012, and the registration of creation of the instant superficies was revoked as the receipt of the Ulsan District Court No. 92317, Sept. 3, 2012.

C. On September 7, 2012, the Defendant Jinju Savings Bank Co., Ltd. (hereinafter “Defendant Jinju Savings Bank”) concluded a mortgage agreement with A on the instant real estate, and completed the registration of the establishment of a mortgage on September 7, 2012 by the Ulsan District Court No. 93854, Sept. 7, 2012, the amount of maximum debt amount of KRW 3.255 billion, the debtor Einco., Ltd., and the debtor Einco., Ltd., and the head of Ulsan Metropolitan City U.S., the head of U.S., on December 15, 2016, seized each real estate listed in the attached list No. 1, 3, and 4 on the ground that A was delinquent in local tax, and the seizure registration is completed as of December 15, 2016, by the Ulsan District Court No. 232563.

The auction procedure concerning the instant real estate was conducted upon the application for voluntary auction by the Defendant Jin Savings Bank, and C obtained a decision to permit sale of the real estate listed in the [Attachment List No. 4] and paid in full, and completed the registration of ownership transfer concerning the said real estate on April 18, 2018.