1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 25, 2013, the Plaintiff entered into a mortgage agreement with the mortgagee C, the maximum debt amount of KRW 45,000,000 with respect to the real estate and the building on the land owned by the Plaintiff (hereinafter “instant real estate”) and the mortgage agreement with the Plaintiff as the Plaintiff, and made the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with the aforementioned content on the same day to C.

B. C received a decision on the voluntary commencement of auction on July 9, 2014 from this court on the instant real estate, and on July 10, 2014, the registration of the decision on voluntary commencement of auction was completed on the instant real estate.

(hereinafter referred to as “instant auction procedure”. (c)

On August 10, 2016, the Plaintiff terminated the aforementioned contract to establish a mortgage. On August 11, 2016, the Plaintiff received an application for cancellation of the registration of the establishment of a mortgage of this case and relevant documents from the registry office of the relevant court, and on the same day, registered the cancellation of the registration of the establishment of a mortgage of this case as of the instant real estate as of August 10, 2016.

On the other hand, F and G obtained the ownership of the instant real estate by receiving a decision of permission for sale on the instant real estate in the auction procedure, and paying the sale price on August 16, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff's assertion

A. On August 12, 2016, after the registration of cancellation of the registration of the establishment of a neighboring mortgage of the instant case was completed, the Plaintiff received a written objection to the decision on voluntary commencement of auction at the auction court.

B. On August 12, 2016, the Defendant issued an order of correction to the effect that a public official in charge of the instant auction procedure should submit a certified copy of the registry stating the cancellation of the registration of the establishment of the instant neighboring mortgage at the voluntary auction order submitted by the Plaintiff was omitted, and the said order of correction was issued on August 13, 2016.