1. The plaintiff's claim is dismissed.

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

1. The facts of recognition C newly built an aggregate building of 10 stories (hereinafter “instant apartment building”) on the ground of Ulsan-gu B, Ulsan-gu, Ulsan-gu (201.8.26.26.26.) (hereinafter “instant land”).

Before the construction of the instant apartment, on July 21, 201, the instant apartment was jointly owned by C and E, respectively, one-half shares of each of the instant land, with the joint collateral of the instant land and the land and the building on the land of Ulsan-gu, Ulsan-gu, as well as D, and the land on the ground thereof.

After the construction of the instant apartment on August 1, 2013, among the instant apartment on August 1, 2013, the registration of the same receipt number, provisional attachment (the ground for registration: 2013Kadan2531 dated July 31, 2013, which was July 31, 2013, and the provisional attachment (the ground for registration: the Korea Saemaul Savings Depository) and provisional disposition (the ground for registration: the provisional disposition of 2013Kadan2533 dated July 31, 2013, which was July 31, 2013, the creditor: the Plaintiff and the Plaintiff (hereinafter referred to as the “instant provisional disposition”).

On August 5, 2013, the Korea Saemaul Savings Depository completed the registration of the establishment of a mortgage over KRW 1.75 billion with the maximum debt amount as joint collateral on the instant apartment No. 501, etc. on August 5, 2013.

On December 13, 2013, the Plaintiff completed the registration of ownership transfer on the instant apartment No. 501 based on sale.

As the registration of ownership transfer has been completed in the future of the plaintiff, who is the provisional disposition creditor of this case, the registration of the establishment of neighboring mortgage that was completed in the future of the Korea Saemaul Depository was cancelled due to the invalidation of provisional disposition.

In the auction procedure on the instant land, the Defendant acquired ownership and completed the registration of ownership transfer on August 19, 2015, and transferred part of the owners of other households of the instant apartment to the purpose of right to site ownership of the instant land.

[Ground of recognition] A. 6, 7 evidence, Gap evidence 8-1, 2, 11 evidence, and 1-6, 6.