The part of the Plaintiff’s claim for confirmation of ownership among the instant lawsuit is dismissed.

The plaintiff's remaining claims are dismissed.

1. Basic facts

A. On November 22, 2002, the Defendant donated from Asan-si D 469 square meters (hereinafter “instant land”) and completed the registration of ownership transfer.

B. On the instant land, there exists a building ledger registered as C in around 1930 on the ground, but the unregistered state of soil, brick, and 58.23 square meters in a multi-story housing, and the Defendant, around 2008, constructed a building on the lower part of the instant land, which connects each point of the instant land, with the indication of the attached drawing indicating Ga, Da, Da, Ma, Ba, Ba, Ba, Ga, and Ga, in the order of priority, on the lower part of the ship, the board board board board and the 59 square meters in a multi-purpose housing unit and the multi-purpose 59 square meters in a multi-purpose building (hereinafter “instant building”).

The building of this case was not constructed by the building ledger or a certified copy of the register.

C. On July 13, 2008, the Defendant concluded a mortgage agreement with the Plaintiff as to the instant land, and completed the registration of establishment of a mortgage on July 14, 2008, which became the obligor, the Defendant, and the Plaintiff as the mortgagee. On July 12, 2010, the Defendant concluded a mortgage agreement with the Plaintiff as to the instant land and completed the registration of establishment of a mortgage on the priority order, which became the obligor and the Plaintiff as the mortgagee.

In addition, around September 27, 2011, the Defendant entered into a contract to establish superficies on the instant land with the Plaintiff and completed the registration of creation of superficies, and the Plaintiff on October 5, 201.

It confirmed that the building of this case is included in the object of each right to collateral security, and if the building of this case is not included in the object of auction, it was prepared with a written confirmation that the security for transfer should be deemed to have been established.

E. On February 20, 2017, the Plaintiff applied for a voluntary auction on the instant land to Daejeon District Court Seocheon Branch E, and the decision to commence auction was rendered on February 20, 2017. The Plaintiff was the highest bidder at the said auction and paid the proceeds of auction on February 1, 2018.