1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 14, 2014, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from C and completed the registration of ownership transfer. At that time, on December 5, 2006, the instant real estate was under the condition that the registration of creation of a neighboring mortgage, the registration of creation of a neighboring mortgage, the maximum debt amount of KRW 4,284,00,000,000 under the name of Busan Bank Co., Ltd. (hereinafter “Resan Bank”), the registration of creation of a neighboring mortgage, the maximum debt amount of KRW 46,410,00,000, was issued on August 30, 2013.

B. On November 30, 2006, the circumstances leading up to the establishment of the above mortgage on the real estate in this case were that the Busan Bank concluded the D Housing Redevelopment Association (hereinafter “instant redevelopment association”) and the Defendant, the contractor, with respect to the D Housing redevelopment project on November 30, 2006, and then Busan Bank and the Defendant established the right to collateral security on the moving loan with C, who was the owner of the instant real estate included in the redevelopment area at the time of the Busan Bank and the Defendant.

C. In the instant court’s voluntary auction case on the instant real estate, when a 100% dividend was made to the Defendant as a mortgagee and the remainder was distributed to the Plaintiff only on the date of distribution, the Plaintiff appeared on the date of distribution, and thereafter filed the instant lawsuit.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 12 (including paper numbers) and the purport of the whole pleadings

2. The defendant asserts that the lawsuit of this case is unlawful, since the plaintiff does not fall under the creditor or debtor who is able to raise an objection against the distribution schedule as to whether it is legitimate.

On the other hand, the plaintiff constitutes a third-party purchaser after the voluntary decision on commencing auction, and thus, the defendant's assertion is without merit.

3. The assertion and judgment

A. The plaintiff's assertion is against C's Busan Bank.