1. The plaintiff's claim is dismissed.

2. This Court is limited to the case of suspension of compulsory execution on November 16, 2017, with respect to the case of suspension of compulsory execution.

1. Facts of recognition;

A. The land before the instant partition was owned by Cheongju District Court. As to the said land, the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of creation of a mortgage”) was completed, under Article 9906 of the Act No. 9906, Mar. 4, 2009, the maximum debt amount of 468,000,000 won, the debtor FF, and the mortgagee of the right to collateral security (hereinafter referred to as the “G Cooperatives”), and the right to collateral security established thereon was the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed

B. On April 17, 2014, upon the application for G Consultation, which is a creditor of the instant right to collateral security, a voluntary decision to commence the auction was rendered to the Cheongju District Court H with regard to the land prior to the instant partition.

C. The secured claim of the instant right to collateral security was transferred to the Defendant via the Property Management Company, and the Defendant completed the supplementary registration of the right to collateral security transfer on June 12, 2016, which was received on June 12, 2017 from the Cheongju District Court, Cheongju District Court, Cheongju District Court, etc. (No. 22149, Jun. 12, 2016).

Meanwhile, on May 12, 2016, the instant land was partially divided into 5,952 square meters of I forest land in Chungcheongnam-si, Chungcheongnam-si. On February 6, 2017, the instant land was divided into 13,306 square meters of D forest land in Chungcheongnam-si, Chungcheongnam-si, and 331 square meters of J forest in Chungcheongnam-si, Chungcheongnam-si, and 694 square meters of K forest in Chungcheongnam-si, and the instant land was owned solely by the Plaintiff as a result of the division of co-owned property.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the land before the instant partition was divided in sectionally owned co-ownership, but Gupup, which was the creditor of the secured claim secured by the instant collateral security right, divided the said land into shares of each co-owner and repaid the amount equivalent to 65% of the appraised value of the relevant land by each co-owner.