1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In around 2007, the Plaintiff received a request for the provision of money or security necessary for the loan from a usual-friendly C, and provided the Plaintiff’s real estate as security. The Plaintiff provided the Plaintiff’s real estate (Seoul Metropolitan City D apartment No. 104 603, 603, hereinafter “instant apartment”).

Accordingly, on July 19, 2007, the Plaintiff set up a collateral security on the apartment of this case, which consists of the debtor E (C's wife), the collateral security holder Korean standards, and the maximum debt amount of KRW 195,000,000, on the apartment of this case.

B. After that, C, with the consent of the Plaintiff, obtained loans from other financial institutions by designating the Defendant who is a branch as the principal debtor, and agreed to repay the existing secured loan obligations.

Accordingly, on September 25, 2009 with respect to the instant apartment, the right to collateral security (hereinafter “the right to collateral security”) was respectively established between the maximum debt amount of KRW 132,000,000 with respect to the debtor as the defendant and the mortgagee as the National Bank (hereinafter “National Bank”) and the maximum debt amount of KRW 52,00,000 with respect to the instant apartment (hereinafter “the right to collateral security”).

The right to collateral security in the name of the bank of the existing Switzerland was cancelled on September 30, 2009 due to the termination of the contract.

C. Thereafter, the F made a supplementary registration on September 30, 2014 as to the second collateral mortgage on the ground of the transfer of contract as of September 25, 2014 with the consent of the National Bank by subrogation and with the consent of the National Bank.

F thereafter, the F applied for the auction of the instant apartment based on the second collateral mortgage and received the decision to commence the auction of the instant apartment.

The apartment of this case was sold to a third party on January 14, 2016 at the above auction procedure. The sales price was appropriated for the execution cost of KRW 2,755,891, and was distributed in KRW 88,478,706 as dividends to the National Bank, which is the first secured mortgage, and KRW 40,184,339 as dividends to F, which is the second secured mortgage.

[Ground of recognition] There is no dispute.