1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D, on September 4, 2008, completed the registration of ownership transfer as the receipt No. 64250 on September 4, 2008, as to the land listed in the separate sheet (hereinafter “instant land”) on the grounds of sale on August 25, 2008.

B. On April 30, 2010, D entered into a mortgage agreement with the original credit cooperative with the Plaintiff, the debtor as the Plaintiff, the maximum debt amount of KRW 47,2360,000,000,000, and completed the registration of establishment of a neighboring mortgage as of April 30, 2010 (hereinafter referred to as “the registration of establishment of a neighboring mortgage”); and on May 17, 2010, D completed the registration of establishment of a neighboring mortgage as of April 30, 20816 (hereinafter referred to as “the registration of establishment of a neighboring mortgage”); and on the ground of the trust received on May 18, 2010 by the registry office as of May 18, 2010.

C. On October 22, 2014, E transferred the instant right to collateral security from the original credit cooperative on the ground of transfer of contract, and applied for commencement of auction of real estate with respect to the instant land to the Goyang-gu District Court, Goyang-gu, 2016, and received a decision to commence auction of real estate from the said court on March 22, 2016.

(hereinafter “instant voluntary auction procedure”). D.

On October 17, 2016, the Defendant purchased the instant land in the voluntary auction procedure and acquired its ownership.

E. Meanwhile, on January 17, 201, D filed a construction report on the instant land at the time of the strike, and the said report was filed in the same year.

1. On the ground of the instant land repaired on 28.2, buildings listed in the attached list (hereinafter “instant building”) are constructed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the building of this case was constructed on the ground of the land of this case before the completion of the registration of the establishment of the neighboring building of this case.