1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On November 21, 1992, the Defendant completed the registration of transfer of ownership based on each trade with respect to E, Dong-si, 575 square meters (hereinafter “Before annexation”), D, 1,067 square meters (hereinafter “D land before subdivision”).

B. On August 1, 1994, the Defendant newly constructed a 77.31 square meter of a red sloping roof in the land prior to the division, and completed the registration of initial ownership relating to the said house.

C. The Defendant, prior to the merger, newly constructed the instant commercial building E on the land of 156.2 square meters and 12.96 square meters in a warehouse (hereinafter “instant commercial building”) on the land of the instant E, and completed the registration of initial ownership on June 20, 201. On the same day, F completed the registration of initial ownership of the instant commercial building of this case’s maximum debt amount of KRW 70,000,000 with respect to the instant commercial building, and the registration of initial establishment of a neighboring commercial building of the debtor as the Defendant.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) D.

On April 4, 2002, the decision of compulsory auction (Tgu District Court G, hereinafter referred to as the "first auction procedure") was made with respect to E land, D land before the annexation, and housing above before the annexation on April 4, 2002.

Accordingly, when the defendant living in the above house and operated the restaurant in the commercial building of this case suffered difficulties, the plaintiff acquired the ownership by winning the land E before the merger, D land before the division, and the above house at KRW 55,650,000 (excluding the commercial building of this case) in the first auction procedure on May 203, 203, and allowed the defendant to continue to reside in the above house and operate the restaurant in the commercial building of this case.

E. On March 5, 2007, the Defendant requested F, a mortgagee of the instant right to collateral security, to transfer the instant right to the Plaintiff, prepared a letter of payment with the promise to repay the obligation, and F, upon receipt of the said request, completed the supplementary registration of the transfer of collateral security on the ground of transfer of contract to the Plaintiff on March 15, 2007.

F. The Plaintiff’s mortgage of this case is based on the instant mortgage.