1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 8, 2002, the Defendant completed the registration of ownership transfer on May 16, 2002, following the procedure of the auction of the real estate rent C in Seocho District Court located in Chuncheon on May 8, 2002 (hereinafter “the instant voluntary auction”). ① 2,245 square meters in Gangnamyang-gun Diali (hereinafter “Dri”) E miscellaneous land owned by the Plaintiff (hereinafter “Duri-gun”), ② E-ground buildings (hereinafter “instant building”); ③ E-ground F building (the registration of destruction was completed on January 29, 2015) (hereinafter “the registration of destruction”); ④ G 354 square meters in lots and at the auction on May 16, 2002.

B. The Defendant received a loan (hereinafter “instant loan”) from the H Association (hereinafter “H Association”) to raise the proceeds, etc. from the sale of the instant voluntary auction, and as security for the instant loan obligations, between H Association and the Plaintiff on May 20, 202.

As to each immovable set forth in the paragraph, the mortgage contract was concluded with the debtor, the defendant, and the mortgagee as H association with respect to each immovable property, and on May 21, 2002, the establishment registration was completed prior to the establishment registration on the ground of the mortgage.

C. On July 10, 2002, the land before subdivision was divided into 1,253 square meters in E miscellaneous land and 992 square meters in I miscellaneous land. On March 15, 2003, the land category of E miscellaneous land was changed to 1,253 square meters in E miscellaneous land (the land indicated in paragraph (1) of the attached Table; hereinafter “instant land”; hereinafter “the instant building”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 and 6 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff, who operated money on the land before the partition of the Plaintiff’s assertion and on the building of this case, participated in the voluntary auction of this case and asked the Defendant to receive the award in order to continue to operate the said money, notwithstanding the voluntary auction of this case. However, the bid bond was to be paid first by the Plaintiff.

Since then, the defendant agreed to award the contract.