1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. From November 26, 1971, the Plaintiff owned a 5 table of 1st 2nd 1st 2th Da-dong, Yongsan-gu, Ilyang-si (as at the time, the name was referred to as Gyeonggi-do, Hoyang-gun, Hri I; hereinafter referred to as the “instant land”).

B. On December 18, 1991, regarding the instant land, the registration of the establishment of a neighboring mortgage (hereinafter “registration of the right to collateral security under the name of the Defendant”) which is “1.8 billion won” was completed on the same day, and on the same day, the registration of the establishment of a neighboring mortgage (hereinafter “registration of the right to collateral security under the name of the Defendant”) which is “E: the maximum debt amount: 9.9 million won” was completed, respectively.

C. Around February 1992, E applied for a voluntary auction on the instant land to the government branch of the Seoul District Court.

In the above voluntary auction procedure (Seoul District Court's branch government supportF, hereinafter "the auction procedure of this case"), the defendant (hereinafter "the defendant" collectively before and after the change of the company C and hereinafter) has been awarded a successful bid and on September 5, 192.

6.5. The registration of transfer of ownership based on the successful bid is completed, and the defendant is the current owner of the land registry of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 6 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of parties' arguments;

A. The real owner of the Plaintiff’s land is the Plaintiff, and the registration of transfer of ownership in the Defendant’s name is a registration completed on the ground that the Defendant was awarded a successful bid in the auction procedure conducted on the basis of each of the instant mortgages, which is null and void as follows.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant land to the Plaintiff based on the restoration of the authentic title.

(1) The registration of the right to collateral security in the name of the defendant shall be completed by a person without legitimate power of representation.