1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff (title C before the name of the name) and the Defendant purchased 7940 square meters, 1342 square meters, and 605 square meters prior to G (hereinafter “instant land”) with D, Gangwon-do, Gangwon-do, Gangwon-do, and the Defendant completed the registration of ownership transfer on November 10, 2003, with D’s co-ownership (each of 1/2 shares).

However, the plaintiff, the defendant, and D determined that they have the share of the plaintiff 750 square meters, the defendant 1,500 square meters, and D750 square meters with respect to the land of this case inside.

B. On November 27, 2003, the Defendant completed the registration of creation of a neighboring mortgage of KRW 42,000,000 for the instant land (hereinafter “registration of creation of a neighboring mortgage”) in the name of Ninininin Agricultural Cooperatives, and borrowed KRW 21,00,000 from the said association on June 8, 2004.

C. On March 14, 2007, the Plaintiff completed the registration of establishment of a neighboring mortgage of KRW 130,000,000 with respect to the instant land (hereinafter “the registration of establishment of a neighboring mortgage”) in the name of the original livestock industry cooperative. On March 16, 2007, the Plaintiff borrowed KRW 100,000 from the said cooperative on March 16, 2007, and repaid the Defendant’s obligations for the Defendant’s loans to the said cooperative, and the remainder was used in installments by the Plaintiff and D.

The establishment registration of the first place was cancelled on March 26, 2007.

On August 10, 2010, the Won Livestock Cooperatives filed an application for auction on the instant land based on the registration of the establishment of the second place of the establishment of the second place and withdrawn the application for auction on August 23, 2010, and again filed an application for auction on the instant land and filed an application for auction on February 9, 2012 (J of the Chuncheon District Court).

3. 29. The request for auction was withdrawn.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 13 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The defendant's summary of the assertion is that of the plaintiff's land of this case, which is recently known to Ninin Agricultural Cooperatives.