1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “instant land”) and each real estate listed in the separate sheet (hereinafter “instant building”), the registration of ownership transfer was completed on November 29, 2007 on October 13, 201.

B. As to the instant land and buildings, the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) was completed on December 28, 2012, the Plaintiff, on January 4, 2013, on the ground of a pre-sale agreement (hereinafter “instant pre-sale agreement”), and thereafter, the decision to voluntarily commence the sale of the instant land and buildings on May 26, 2014, upon the Plaintiff’s request from the New Saemaul Bank of Korea.

C. At the time of the decision to commence the above auction, the instant building had already been destroyed and existed. However, the instant building was located on the instant land but its location was different, and 42.8 square meters were located on the instant land (hereinafter “non-Presentation building”). The creditor New Jeju Saemaul Bank withdrawn the above request for auction of the instant building on the ground that the instant building was not destroyed and lost on September 3, 2014.

The instant land was sold at the above auction procedure, and E acquired ownership on December 10, 2014.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. On December 28, 2012, the Plaintiff alleged that the instant building was identical to the instant building existing, and concluded a pre-sale agreement with the Defendant for the sale and purchase of the instant land and buildings, and completed the instant provisional registration on January 4, 2013. The Plaintiff, upon the Defendant’s failure to repay the loan to the New Jeju Saemaul Community Depository, transferred the instant land’s ownership to E on the wind that the auction procedure is underway.

In this respect.