1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. After the registration of preservation of ownership was completed on January 12, 199 with respect to B 101, 103, 201, 302, 302, 303, 401, and 402 of Eunpyeong-gu Seoul Metropolitan Government and the underground floor 101 (hereinafter “each of the instant real estate”), the Plaintiff owned each of the instant real estate after the completion of registration of preservation of ownership on January 12, 199. Of them, only 101 among them, the Plaintiff sold it to C on January 8, 2015 and completed registration of ownership transfer in C’s name.

B. The Defendant is the mortgagee of the right to collateral security (hereinafter “instant right to collateral security”) that has been transferred in sequence from the Seoul Western Saemaul Depository and the Korea Mortgage Exchange, Inc., to which the Defendant completed the registration of the transfer of collateral security (hereinafter “instant right to collateral security”) under Article 9745, which was received on December 23, 2015, by means of the joint collateral security (hereinafter “instant right”).

(However, regarding 102, the Plaintiff sold it to D on April 7, 2015, and the registration of ownership transfer was completed on April 14, 2015, and the Seocho Saemaul Depository renounced the right to collateral security on April 14, 2015, thereby cancelling the right to collateral security under the name of the Seocho Saemaul Depository (the right to collateral security was cancelled).

On November 18, 2015, the Seoul Western Saemaul Savings Depository applied for a voluntary auction (the claimed amount of KRW 654,922,640, hereinafter “instant auction”) with respect to each of the instant real estate to the Seoul Western District Court on November 18, 2015, and rendered a voluntary decision to commence the auction on November 19, 2015, and thereafter, the Defendant continued the auction procedure in the situation where the final transferee of the joint collateral security was the final transferee of the joint collateral security (the maximum debt amount of the Defendant’s right to collateral security was KRW 819,00,00). With respect to 101, 103 among the instant real estate, each of the instant real estate was sold on October 18, 2016, 302, 401, and 402, respectively.

On the other hand, in the auction procedure for the remaining 201, 301, 303, and 101 of the branch, among them, each decision of permission for sale on December 27, 2016 was rendered on the remaining 303 and 101 of the underground floor.