1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On January 2, 2008, on each real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of creation of a mortgage was completed on August 6, 2010 with respect to each real estate registered in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 4.42 billion, the debtor, B, and Busan District Mutual Savings Bank located in Busan on August 6, 2010.

B. On July 22, 2014, the Defendant was awarded the instant real estate in the instant court C voluntarily auction procedure, which was commenced upon the application of the said bank, and completed the registration of ownership transfer on each of the said real estate on August 7, 2014.

C. Meanwhile, at the time of the foregoing voluntary auction, there were approximately 94 square meters on the ground of the real estate listed in the attached Table 1 among the instant real estate among the instant real estate, which was unregistered and used for the use of a deposit of KRW 30 million from July 8, 2013 to July 7, 2015, and D used the instant warehouse from July 8, 2013 to July 7, 2015.

The warehouse of this case was excluded from the object of the above auction, and the plaintiff purchased the warehouse of this case from B on October 3, 2014.

E. From August 7, 2015, the Defendant completed the construction of “E” building on the instant real estate from around August 7, 2015.

F. The Plaintiff was transferred from D the possession of the warehouse of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 6 (including branch numbers, hereinafter the same shall apply), Eul evidence 5, the purport of the whole pleadings

2. The plaintiff's assertion

A. The claim B for possession recovery completed the registration of ownership transfer on the instant real estate on January 2, 2008, and on January 30, 2008, after newly building the instant warehouse and original acquisition on or around January 30, 2008, land and buildings belonged to the same person at the time of establishment of the right to collateral security on August 6, 2010 by Busan District Mutual Savings Bank.

Since the ownership of the real estate of this case and the warehouse of this case were changed by auction thereafter, B shall be in the warehouse of this case.