1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 7, 1998, the registration of ownership transfer was completed with respect to the area of 2016 square meters (hereinafter “instant land”) prior to Macheon-si (hereinafter “the instant land”), and 562 square meters of the instant land among the instant land (hereinafter “D residence area”), there is an unauthorized building in which the Plaintiff is located, and there is a 562 square meters of the instant land.

B. On September 1, 2015, the Plaintiff and the Defendant concluded a sales contract to sell the remainder of 1454 square meters (hereinafter “the instant sales contract”) excluding D’s residential part among the instant land to the Defendant for KRW 90 million (hereinafter “the instant land”). Since a building without permission exists in D’s residential part among the instant land, it cannot be issued with the qualification certificate for acquisition of farmland, the ownership transfer registration can be issued later, the written contract will be renewed and completed, but the registration of the ownership transfer was agreed to complete the registration of the establishment of the ownership transfer in the Defendant’s name with the maximum debt amount of KRW 20 million on the remainder payment date.

C. According to the instant sales contract, the Defendant paid the Plaintiff the down payment of KRW 10 million on the day of the contract, and the remainder of KRW 80 million on October 2, 2015, respectively, and the Defendant completed the registration of creation of a mortgage over the maximum debt amount of KRW 200 million (hereinafter “instant collateral security registration”) under the receipt of No. 39542, Oct. 2, 2015 regarding the entire land of the instant case as to the registration of creation of a mortgage over the maximum debt amount of KRW 20 million (hereinafter “instant collateral security registration”).

On June 1, 2016, F, an owner of the land adjacent to the instant land, filed a lawsuit against the Plaintiff seeking confirmation of the right to passage over surrounding land (Seoul District Court Decision 2016Da11669, hereinafter “relevant case”), and the Defendant demanded the Plaintiff to make a provisional registration of the right to claim ownership over the instant land in order to participate as a supplementary intervenor in the relevant case. On June 13, 2016, the Plaintiff filed the instant lawsuit with the Defendant as to the share of 1454/200 of the instant land.