1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts can be acknowledged in light of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, and 2-1, 6, and 11; and (c) the purport of the entire pleadings.

C On August 23, 1999, C entered into a mortgage agreement with the Ulsan-gun District Court of Ulsan-do to secure all the obligations, such as the loan, etc. that are currently incurred or will be borne in the future, with respect to the land of 1,940 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter referred to as “land before subdivision”). On the same day, C completed the registration of creation of a mortgage with the Ulsan-do District Court No. 71863 of the same day, which is the maximum debt amount of KRW 91,00,000,000.

B. On September 20, 199, the land before subdivision was divided into the pertinent land and the instant land. On September 6, 2001, the registration of the establishment of the instant mortgage was completed on September 6, 2001 with respect to the instant land.

C. On November 13, 1999, C entered into a mortgage agreement with the Ulsan Credit Union on the land, the above E, H, and I land as a joint security, and additionally completed the registration of establishment of a mortgage with the Ulsan District Court No. 10226, Nov. 15, 1999 regarding each of the above land as the maximum debt amount of KRW 55,00,000,000.

After that, the Ulsan Credit Union was bankrupt and appointed as bankruptcy trustee by the Korea Deposit Insurance Corporation. On July 3, 2006, the defendant (the Korea Deposit Insurance Corporation) transferred the secured debt of the instant right to collateral security from the Korea Deposit Insurance Corporation in accordance with the asset transfer contract and completed the supplementary registration of the transfer of collateral security on September 21, 2006.

E. The Plaintiff purchased the instant land from C and completed the registration of ownership transfer on August 5, 2008.

2. The plaintiff's assertion and judgment

A. The Plaintiff is using the instant land as a site for access roads, play grounds, and swimming pool operated by C, under the Private School Act.