1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Korea Mutual Saving and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) registered the establishment of a mortgage over the maximum debt amount of KRW 750,000,000 with respect to the land of this case, Gangnam-gu Seoul District Court, Gangnam-gu, Seoul (hereinafter “instant land”) as the receipt of June 19, 191, as the Seoul District Court Decision 61762, Jun. 19, 191.

B. Subsequent to the instant land, one multi-household house with the size of 1st underground and 4th ground (9 households) was constructed on the instant land, and the registration was completed to the effect that the registration of preservation of ownership of D was completed on January 13, 1992 as the receipt of No. 2555 on January 13, 1992. As to the instant land, the registration was completed on the same day.

C. On September 14, 1993, E received a successful bid of No. 402 among the above multi-household houses (hereinafter “instant No. 402”) in the F Voluntary Auction Procedure at Seoul District Court, and completed the registration of ownership transfer on June 20, 1998. The written decision of granting the successful bid for the instant No. 402 stated that the bid price included the site price in the bid price.

The Korea Mutual Saving and Finance Company of Mutual Savings and Finance, on October 15, 1998, shall be above A.

On the basis of the right to collateral security, a voluntary auction was applied for the instant land, and on November 9, 1998, the procedure of voluntary auction was commenced to G with the Seoul District Court G.

E. On June 18, 2002, the Plaintiff filed an application for the registration of change of right to a site under Article 101(5) of the former Registration of Real Estate Act (wholly amended by Act No. 10580, Apr. 12, 201) and accordingly, on June 18, 2002, the Plaintiff registered the indication of right to a site to the effect that “the real estate stated in the purport of the instant claim in the instant land (hereinafter “instant share”) was not the purpose of the instant right to a site as of May 10, 202.”

F. The plaintiff on June 20, 2002 D above.

The Seoul District Court's Gangnam-nam registry office of July 29, 2002 (hereinafter referred to as "registration of Plaintiff's share") was awarded the instant share in the auction procedure in accordance with the registration of transfer of ownership (hereinafter referred to as "registration of Plaintiff's share").