1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On September 17, 1998, the Plaintiff was awarded a successful bid for the auction procedure based on the right to collateral security (Y), and completed the registration of ownership transfer on September 24, 1998 with respect to each of the above real estate on September 24, 1998.

B. The above building awarded a successful bid by the Plaintiff consisting of Adong (97.15 square meters of neighborhood living facilities 1st floor of general trees and land roof), Bdong (163.80 square meters of neighborhood living facilities 163.80 square meters of neighborhood living facilities on the 1st floor of a general tree tank and land roof), Cdong (7.76 square meters of neighborhood living facilities on the 1st floor of a light iron-frame roof), and Ddong (43.20 square meters of neighborhood living facilities on the 1st floor of a light steel-frame roof), among which Ddong constitutes real estate listed in the attached list (hereinafter “instant building”).

C. C completed the registration of ownership preservation on March 3, 2005, which was after the Plaintiff won the bid, on the ground that the registration of ownership preservation on the instant building was not completed, and completed the registration of ownership transfer to F on the same day.

F on December 21, 2012, the F completed the registration of ownership transfer on the instant building on the ground of sale to the Defendant.

As of the date of closing argument in the instant appellate trial, the Defendant occupied the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 (including virtual number), Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of the judgment as to the cause of the claim, the building of this case was originally acquired by the plaintiff at auction, and since the registration of preservation of ownership was completed without cause C, the registration of invalidation of cause is the registration of invalidation of cause, and the registration of transfer of F and the defendant's own ownership should also be successively cancelled on the ground of invalidity of cause.

In such cases, the plaintiff who is the true owner shall cancel the registration against the defendant who is the present registered titleholder by means of restoring his/her registered name.