1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The non-party B Co., Ltd. (hereinafter “non-party B”) completed the registration of the establishment of a mortgage (hereinafter “the creation of a mortgage of this case”) with respect to the non-party D No. 4 E (hereinafter “the real estate of this case”) owned by Seodaemun-gu Seoul District Court, Seodaemun-gu, Seoul District Court No. 18180, Apr. 22, 2008, which was received on April 22, 2008, the debtor FF, the maximum debt amount of which is KRW 650,000,000.

B. On August 10, 201, the registration of change of the right to collateral security (hereinafter “the registration of change of the instant case”) or the registration of change of the right to collateral security (hereinafter “the instant changed right to collateral security”) was completed, which changed the debtor to G (hereinafter “G”) from the receipt of the foregoing registry office on August 10, 201.

C. On May 7, 2014, the registration of ownership transfer for the instant real estate was completed under the name of Nonparty H on the ground of the restoration of the real name, and the registration of ownership transfer was completed under the name of Plaintiff No. 14544 on the same day.

On November 8, 2012, a non-party bank filed an application for a compulsory auction on the instant real estate, and the auction procedure (hereinafter “instant auction”) was commenced in this court. As a result, on May 11, 2015, the registration of ownership transfer was completed under the name of Non-party J due to the compulsory auction, and on June 12, 2015, a distribution schedule was prepared to distribute KRW 172,729,704 to the non-party bank, which is the first mortgagee, who is the collective security interest, to the non-party bank.

E. On January 31, 2013, when the auction of the instant case was in progress, Nonparty Bank filed a petition for bankruptcy with the Daejeon District Court, and the said court appointed the Defendant as the trustee in bankruptcy of Nonparty Bank on February 28, 2013.

[Reasons for Recognition] A: Uncontentious facts, entry of Gap evidence 8, purport of whole pleadings

2. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion is that the instant right to collateral security did not exist, and the registration of the instant change is an invalid registration completed with a forged document. Ultimately, the instant auction is null and void.