1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 12, 2011, the Defendant filed an application for voluntary auction with the Seoul Northern District Court (hereinafter “instant auction procedure”) as a mortgagee of real estate listed in the attached list, a site for gas stations owned A, (hereinafter “instant land”).

B. As a result of appraisal at the instant auction procedure, the instant land was assessed as KRW 5,769,297,940. On May 13, 2013, the Defendant reported the purchase price of KRW 4,00,000, and the Plaintiff was each the highest bidder and the Plaintiff were the highest bidder and the next highest bidder. The Defendant did not pay the purchase price by the due date after receiving the decision of permission of sale. As such, on March 10, 2012, the Defendant rendered a decision of permission of sale to the Plaintiff, a first bidder on May 13, 2013, as the third bidding date (minimum sale price of KRW 3,692,350,000).

The Plaintiff paid 3,788,80,000 won for sale, and completed the registration of ownership transfer on the instant land on January 20, 2015.

C. On the other hand, on September 7, 2012, the head of Gangnam-gu ordered A, the owner of the instant land, to conduct a soil contamination inspection and a soil precise inspection under the Soil Environment Conservation Act. On February 20, 2013, the head of Gangnam-gu issued a corrective order under Article 14(1) of the Soil Environment Conservation Act to complete measures for purifying contaminated soil until February 20, 2015 (hereinafter “instant corrective order”).

On May 10, 2013, the Korea Land Corporation, which conducted a soil contamination inspection and a soil precise inspection on the instant land, submitted to an auction court a corrective order and a report on the result of detailed soil survey by the head of Gangnam-gu Office, while reporting the lien of KRW 26,00,000 as the secured claim, at the auction procedure of this case. The auction court shall enter the matters in the list of goods sold.