The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On November 27, 2018, the Defendant: (a) transferred a joint collateral security (hereinafter “instant collateral security”) established on the land and its ground buildings, and three Dongs of the Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant real estate”) with the Defendant’s claim for loans listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant claim”); (b) and (c) concluded a contract with C to pay the Defendant the total amount of KRW 2.8 billion (hereinafter “instant collateral security”) with the transfer proceeds, as indicated in paragraph (2) of the attached Table No. 2 of the attached Table; and (d) C shall pay the Defendant the remainder of KRW 2.3 billion on December 3, 2018, with the transfer proceeds.

(hereinafter referred to as "mortgage acquisition agreement on November 27, 2018"). (b)

C paid to the Defendant the total amount of KRW 848 billion on November 27, 2018, which is KRW 50 million on November 28, 2018, KRW 230 million on December 3, 2018, KRW 50 million on January 11, 2019, KRW 280 million on January 17, 2019, KRW 280 million on January 25, 2019, and KRW 230 million on January 25, 2019.

C. The Defendant received dividends of KRW 1,413,368,323 as a mortgagee in the distribution procedure implemented on June 19, 2019 in the distribution procedure conducted on the following day: (a) the auction procedure with respect to each of the instant real estate [In Incheon District Court F, G, H (Dual), and the instant auction procedure (hereinafter “instant auction procedure”); (b) the sales permission decision was rendered on April 11, 2019 with respect to I Co., Ltd. (sale price of KRW 3,671,50,000), and (c) the distribution procedure conducted on June 19, 2

On June 20, 2019, the defendant paid KRW 848 billion to C.

On the same day C: “C has received all 848 billion won, such as the down payment, etc. paid by C because it failed to perform the contract that was entered into with the Defendant in relation to the Seo-gu Incheon Metropolitan City E(F) credit acquisition, and then does not cause any legal problems later.”

set up and delivered to the Defendant.

E. C is the Plaintiff on July 29, 2019 and C.