1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 18, 2016, the Plaintiff purchased a 30 square meter in the Jung-gu, Daejeon, B, 132 square meters of land and C forest, and a multi-family house with two floors of cement bricks and cement bricks sloping roof (hereinafter “instant public auction real estate”) through a public sale procedure (hereinafter “instant public sale”), and completed the Plaintiff’s ownership registration even before the Plaintiff’s ownership transfer registration.

B. In the instant public auction real estate, the debtor D, the maximum debt amount of KRW 80 million, and the mortgagee-mortgage was merged with the Defendant Gwangju Jeon Nam Yangyang Livestock Cooperative and Daegu Yangyang Livestock Cooperative, which became the defendant, and prior to the merger, the Gwangju Namyang Livestock Cooperative becomes the mortgagee.

Although the establishment registration of a neighboring mortgage (hereinafter “the establishment registration of a neighboring mortgage of this case”) was completed, the Plaintiff completed the registration of ownership transfer without cancelling the establishment registration of a neighboring mortgage of this case, even though the secured debt of this case was already extinguished.

C. On November 8, 2016, the Defendant submitted to the Korea Asset Management Corporation a claim report and a request for distribution with the purport that there is no secured debt for the registration of the establishment of the instant mortgage. D.

Among the instant public auction real estate, E and F were leased and resided in the building.

The plaintiff thought that the above tenant could not oppose the plaintiff due to the registration of the establishment of the neighboring mortgage of this case. The plaintiff revealed that all the secured debt of the registration of the establishment of the neighboring mortgage of this case did not exist any longer due to the extinguishment of all the secured debt of this case, and the above tenant was transferred the building after paying the total deposit amount of KRW 28 million to the above tenant.

[Basis] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3-1, 2-2, Gap evidence 4-1, 2, Gap evidence 5, Gap evidence 6-1, 6-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The registration of the establishment of a mortgage near the Plaintiff’s assertion.