1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a creditor who provisionally attached to the five-story building E on the ground (hereinafter “instant building”) in the Posi-gu, Northern-si, Ma, the ownership of C Co., Ltd. (hereinafter “C”) (hereinafter “C”) from February 9, 2015 to “C”; and the Defendant is a representative director of C, from December 3, 2013 to February 9, 2015, and was in office from May 18, 2016 to November 25, 2016.

B. As to the instant building, the registration of the establishment of a mortgage was completed with respect to the instant building as the Daegu District Court’s Port Branch Branch and the No. 41030, May 26, 2010, with respect to the maximum debt amount of KRW 260,00,000, the debtor C, and the FFFFF Cooperative. The registration of the said right to collateral security was completed with respect to the same registration as to the said right to collateral security and the registration of the transfer of the right to collateral security, which was the Defendant on the ground of subrogation on July 27, 2015, as the receipt of the said registration and the registration received on August 28, 2015, with respect to the right to collateral security (the right to collateral security) as G on the ground of a final assignment as of August 28, 2015.

C. As to the instant building, the registration of the establishment of a mortgage (hereinafter “mortgage”) was completed with respect to the instant building as the Daegu District Court’s Port Branch Branch and the registration of the establishment of a mortgage (hereinafter “mortgage”) with respect to the maximum debt amount of KRW 350,000,000,00, and with respect to the said building as the obligor C and the mortgagee as the Defendant, the registration of the establishment of a mortgage (hereinafter “registration of a mortgage”) was completed on October 10, 2014, and the registration of the establishment of a mortgage (hereinafter “registration of a mortgage”) with respect to the said mortgage was completed on the grounds of the transfer of confirmed claim as of October 6, 2014.

On September 24, 2014, the Plaintiff issued a provisional seizure of real estate (hereinafter “provisional seizure of this case”) by Seoul Central District Court 2014Kadan2242, with regard to the instant building as the claim amounting to KRW 390,000,000.

E. G filed an application for voluntary auction of the instant building based on the right to collateral security (Seoul District Court Branch Branch Branch H). On March 2, 2015, G rendered a decision to commence voluntary auction on March 2, 2015, and was below the auction procedure.