1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person holding a provisional registration who completed the provisional registration on July 15, 2008 the Seoul Northern District Court's Eastern District Court's receipt No. 32274 on July 16, 2008, with respect to the share of 39.64/1,026 (hereinafter "share of the instant real estate"), which is a co-owner, among the share of 701.6m2 in Dongdaemun-gu Seoul Metropolitan Government G Dae-gu (hereinafter "the instant provisional registration"), with respect to the share of 39.64 shares (hereinafter "share of the instant real estate").

B. The share of the instant real estate was completed on July 2, 1997 by the Seoul Northern District Court, the Dongdaemun-gu District Court, the Dongdaemun-gu Office, 43355, with the maximum debt amount of KRW 180,000,000,000,000,000,000,0000,000,000,0000,0000,000,000,0000,000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

C. The first mortgagee of each of the instant mortgages was a corporation for the East Asian Construction Industry. However, on December 12, 2008, the E-Unreshion Housing Association (hereinafter “E-Unreshion Housing Association”) transferred in sequence to the Young Construction Co., Ltd. on December 15, 2008, and thereafter, the collateral security was transferred to the Defendant again on June 23, 201.

On the other hand, with respect to the share of the instant real estate at the time of May 12, 2009, the voluntary auction procedure was in progress with the Seoul Northern District Court F, upon the application for the said comprehensive construction (the Defendant reported the modification of the obligee regarding the instant voluntary auction case on July 14, 2008 after the Defendant received the transfer of each of the instant collective security from the construction of Young Chang Construction on June 23, 201), and on July 26, 2011, the Plaintiff deposited the repayment of the total maximum debt amount of KRW 40 million and KRW 6.1 million for each of the instant collective mortgages at each of the instant mortgages at the time, and the Defendant received the said deposit in full on August 22, 2011.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, and the whole pleadings.