1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. C: (1) On July 12, 2006, on the ground of the contract to establish a contract with respect to the second real estate listed in the separate sheet, C completed the registration of the establishment of a mortgage for the additional work that became a debtor, C, and a mortgagee on July 19, 2006, with the maximum debt amount of KRW 50,000,000,000,000, the debtor, and the mortgagee as the plaintiff on July 12, 2006; and (2) on the first real estate listed in the separate sheet as the ground of additional contract with respect to July 19, 2006, as 43137, the Chuncheon District Court Decision 50,000,000 won as the maximum debt amount of KRW 43137, July 19, 2006, and as the debtor, C, and the plaintiff as the plaintiff, respectively.

(B) Each real estate listed in the separate sheet is referred to as “each of the instant real estate,” and the said two collateral mortgages and the establishment registration of the mortgage of the instant case are referred to as “the instant collateral security,” and “the establishment registration of the mortgage of the instant case”).

The plaintiff 2012

1. 12. On January 12, 2012, the decision on voluntary commencement of auction was rendered (hereinafter “related auction case”) with respect to each of the instant real estate (hereinafter “the instant real estate”), and the registration of voluntary commencement of auction was completed on January 12, 2012 as the receipt of the original branch court of the Chuncheon District Court on January 12, 2012.

C. On March 19, 2012, the Defendant purchased each of the instant real estate from C, by subrogation, filed a lawsuit against the Plaintiff seeking the cancellation of the registration of the establishment of the instant neighboring mortgage (hereinafter “relevant first lawsuit”) and submitted the relevant auction case upon receiving a decision of the suspension of compulsory execution on March 19, 2012.

(1) The first instance court dismissed the Defendant’s claim.

(2) The defendant appealed against this and submitted a related auction case after receiving a decision to suspend compulsory execution on February 6, 2014.

(3) The appellate court of the relevant first lawsuit dismissed the Defendant’s appeal (Skcheon District Court 2013Na4658), and the Defendant appealed against the above appellate judgment, but was dismissed on January 15, 2015.

[Reasons for Recognition]