1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

1. Basic facts

A. On October 11, 2012, the Intervenor joining the Defendant (hereinafter “Effic Construction”) acquired ownership by winning a contract for voluntary auction on October 11, 2012, each of the land indicated in the 5,115 square meters and the attached Table 1 list (hereinafter “each of the instant land”).

B. On October 10, 2012, in order to ensure the fulfillment of obligations or responsibilities owed by the construction of filial piety, the enz. (a) concluded a real estate security trust agreement with the Defendant on October 10, 2012 by collecting the savings bank (hereinafter “Mo Savings Bank”) as the first beneficiary of the trust principal with respect to the land listed in the attached Table 2 (including each of the above land).

C. Meanwhile, the Savings Bank completed the registration of creation of superficies with respect to the land, etc. in this case, which was located on October 11, 2012, around the registration of creation of a mortgage in the vicinity of the debtor, the maximum debt amount of KRW 500,000,00 (No. 24898, Oct. 11, 2012, the Jung-gu District Court completed the registration of creation of superficies for the purpose of solid buildings, and other structures or trees, and for the duration of ownership and trees of the buildings and other structures or trees, which were located within 30 years from October 11, 2012.

On April 30, 2013, the Plaintiff entered into a sales contract to purchase KRW 1,322 square meters among KRW 5,115 square meters of forests and fields B 5,115 square meters in Pyeongtaek-gun, Gyeonggi-do, which was divided into the Republic of Korea on April 30, 2013 (hereinafter “instant sales contract”).

Article 7(4) of the instant sales contract provides that “The division of land shall be based on the drawings attached thereto (attached Form 3). The road shall be replaced by a written consent for land use,” and the effective construction issued a written consent for land use to the Plaintiff on the date of conclusion of the sales contract.

E. On June 3, 2013, the Plaintiff completed the payment of the purchase price, and divided the forest B 5,115 square meters into the 3,793 square meters of forest B in Pyeongtaek-gun in the Gyeonggi-do and C 1,322 square meters of forest land (hereinafter “instant real estate”), which was located on June 5, 2013.