1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 7, 2010, Nonparty C completed the registration of ownership transfer with respect to D large scale 581 square meters (hereinafter “instant land”). On September 14, 2010, the Plaintiff completed the registration of ownership transfer with respect to the instant land at issue, which was KRW 300 million with respect to the maximum debt amount, KRW 30 million with respect to the obligor, and the Plaintiff, the mortgagee, and the mortgagee. The registration of ownership transfer in the Plaintiff’s name was cancelled on October 15, 2010 on the ground of termination.

B. On November 9, 201, C newly constructed an aggregate building on the instant land, and completed registration of preservation of ownership on a house listed in the separate sheet (hereinafter “instant house”) among the foregoing aggregate buildings, which is a section for exclusive use. On November 9, 201, the Defendant completed registration of creation of a mortgage on the instant house with the maximum debt amount of KRW 156,00,000,000 with respect to the instant house, and the debtor E’s first priority priority priority priority priority priority priority priority interest (hereinafter “mortgage”).

C. On June 22, 2012, the Plaintiff received a provisional attachment decision with a claim amounting to KRW 200 million in relation to the instant house as Sungwon District Court Branch Branch 2012Kadan50397, and the provisional attachment registration was completed on June 25, 201.

Upon the Defendant’s application, the said court’s voluntary auction procedure (hereinafter “instant auction procedure”) began with respect to the instant housing. At the said auction procedure, the said court prepared a distribution schedule stating that the entire amount of KRW 91,694,175, which was to be distributed to the Defendant, who is the applicant creditor and the mortgagee, was distributed to the Defendant on February 6, 2014. The Plaintiff appeared on the said distribution date, and stated an objection against KRW 30,000,000 out of the amount of dividends against the Defendant, and filed the instant lawsuit on February 11, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment are valid since the registration of the establishment of a neighboring mortgage on the land of this case was cancelled without any cause by the non-party F. The plaintiff's assertion and judgment are still valid.