1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to the buildings listed in the separate sheet (hereinafter “instant building”), the registration of initial ownership was completed on December 31, 2003 in the name of B, and the registration of initial ownership was completed on March 9, 2004 under the name of C on January 20, 2004. On March 9, 2004, the registration of initial ownership transfer was completed on the basis of the sale as of January 20, 2004. On March 9, 2004, the registration of creation of collateral security was completed on March 18, 2004, for each of the collateral security holders B, debtors C, C, and maximum debt amount of KRW 200 million.

B. B filed an application for a voluntary auction of real estate with the Busan District Court Branch D with respect to the instant building based on the foregoing right to collateral security, and received a decision to commence a voluntary auction from the above court on June 24, 2004.

C. The enforcement officer E belonging to the above court (hereinafter “instant enforcement officer”) received an order from the above court to investigate the current status of the instant building; around 10:20 on July 10, 2004; around 17:20 on July 13, 2004; and around 15:13:25 on July 15, 200; however, the current status was investigated by visiting each of the instant building; however, as the door was locked, it was impossible for interested parties, such as the possessor, etc.; on the 16th of the same month, the Defendant’s office located in Seocheon-gu Seoul Special Metropolitan City Fdong Office (hereinafter “Fdong Office”); and on the 16th of the same month, it was inquired to the effect that “No head of the relevant address exists” applied for a perusal of the household’s resident registration as the domicile in Seocheon-gu, Seocheon-gu Office (hereinafter “H building address”);

(hereinafter referred to as “the content of perusal of the household of this case”).

Accordingly, the execution officer of this case prepared a report on the investigation into the current status of the building of this case on July 31, 2004, stating that "the possession relation: the possession relation: the possession relation, other: the present situation several times, but the residents and interested persons could not be delivered due to the closure, and detailed lease relation is US and the resident registration copy of the previous household is perused, and there is no resident transferr." The contents of this case's household inspection.