1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 21, 2012, the Plaintiff entered into a mortgage-backed contract with a maximum debt amount of KRW 30,000,000 with respect to the land of this case, which was owned by E, 869 square meters (hereinafter “instant land”) prior to the date when it was owned by E, and completed the registration of the establishment of a neighboring land.

B. Meanwhile, as to the instant land, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on the ground of the registration of establishment of a neighboring mortgage of KRW 45,000,000 on the ground of “contract to establish a contract on March 29, 201” by the Daejeon District Court Budget Office (hereinafter “Seoul District Court Budget Office”) No. 6031, March 30, 201; and the registration of the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on May 24, 2011 by the receipt of the registration office No. 11595, May 24, 2011.

C. Since then, YIB Co., Ltd., a collateral security right to the instant land, filed an application for commencement of auction of real estate rent with the Daejeon District Court Red support C on the said land, and received a decision on commencement of auction on October 12, 2012. An agricultural cooperative, a collateral security right holder against the instant land and the 629 square meters prior to Chungcheongnam-gun, filed an application for commencement of auction of real estate rent with the Daejeon District Court red support D on September 5, 2013 on each of the instant land, and received a decision on commencement of auction on September 5, 2013, and each of the instant auction cases was consolidated.

(hereinafter “instant auction procedure”). D.

In the auction procedure of this case, the executing court decided to distribute to the defendant the amount of KRW 160,00,000 out of KRW 524,930,652, which is to be actually distributed on July 30, 2014, and 30,000,000 as the priority collective security right, the amount of KRW 130,00,000 was set up as the priority collective security right holder, and the amount of KRW 130,00,000 was to be distributed to the defendant.

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 30,000,000 out of the amount of distribution under the provisional registration of this case by the Defendant, and thereafter filed the instant lawsuit on August 6, 2014 within one week thereafter.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, and .