1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff’s claim 1 against D) The Plaintiff is a limited company E on April 3, 2002 (hereinafter “E”).

(2) On June 11, 2004, the Plaintiff paid the amount of KRW 254,247,000 to the Maman-gun, upon the request of the Maman-gun, the amount of insurance proceeds of KRW 254,247,00.

3) The Plaintiff filed a lawsuit seeking reimbursement against joint and several sureties, including E and D, with the Gwangju District Court 2004Kadan44105, and the said judgment became final and conclusive on November 5, 2004. After which the Plaintiff filed the same lawsuit with the Gwangju District Court 2014Kadan23282 for the interruption of extinctive prescription, and subsequently, rendered a favorable judgment on September 2, 2014 that “D, etc. jointly and severally with the Plaintiff and severally pay to the Plaintiff 15% per annum from April 25, 2014 to May 19, 2014, and 20% per annum from the next day to the date of full payment” (hereinafter “judgment”). The said judgment became final and conclusive at that time (hereinafter “the foregoing judgment”).

B) On May 13, 2005, the Defendant’s establishment of a right to collateral security on D-owned real estate (hereinafter “each of the instant real estate”) is the Defendant on May 13, 2005: 1,884m2, G field 1,908m2, H field 2,961m2, and 2,238m2,238m2 (hereinafter “each of the instant real estate”).

As to May 13, 2005, the establishment registration of the mortgage of this case was completed on the basis of the contract establishing the mortgage of this case as of May 13, 2005, the maximum debt amount of KRW 360 million, and the debtor D’s neighboring mortgage of this case (hereinafter “mortgage”).

(C) On September 20, 2017, the Defendant filed an application for a voluntary auction of real estate based on the instant right to collateral security with the Gwangju District Court. On September 27, 2017, the said court accepted the application and rendered a voluntary decision to commence the auction (C; hereinafter “instant auction”) and each of the instant real estate in the instant auction procedure on August 20, 2018.