1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C on April 21, 2010, completed registration of initial ownership relating to the buildings listed in the separate sheet (hereinafter “instant building”).

On the other hand, the new shares of the instant building are “Gunsan-si D”.

B. On May 20, 2010, the Defendant completed the registration of the establishment of a mortgage over the instant building as the maximum debt amount of KRW 403,00,000, and the debtor C as the debtor C.

C. On May 15, 2015, the Plaintiff entered into a lease agreement with C on a deposit of KRW 25 million with respect to a general restaurant of KRW 177 square meters on the first floor among the instant buildings, and on a lease agreement with C for a period from May 15, 2015 to 24 months.

On June 30, 2015, the Plaintiff entered into a lease agreement with C on the condition that a general restaurant of 177 square meters (hereinafter “instant store”) of the instant building is KRW 20 million and a lease agreement between July 1, 2015 and 24 months for lease.

E. On July 20, 2015, the Plaintiff filed an application for business registration with the trade name “E” with respect to the instant store in the Gunsan Tax Office, and erroneously stated the location of the said application as “Gunsan City F”.

On the same day, business registration has been completed as "F and second floor in Gunsan City";

(F) On September 25, 2015, the Defendant filed an application for the auction of real estate under the Gunsan Branch of the Jeonju District Court for the instant building on September 25, 2015, and on October 16, 2015, the registration of the decision on voluntary commencement of auction on the instant building was completed.

(hereinafter “instant auction procedure”). As of November 3, 2015, the registered matters concerning the instant building under Article 4 of the Commercial Building Lease Protection Act were not included in the instant store.

G. On November 4, 2015, the Plaintiff submitted a corrective registration statement stating that “Gunsan City G” was corrected to the place of business.

On the same day, the location of the business registration of this case was changed to Dosan City D, a new stock station.

H. The instant case.