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. (1) On November 9, 2009, B, which had co-owners of 6/10 shares of the instant real estate, completed the registration of transfer of shares on November 5, 2009 with respect to the share of 10,000/58,632 shares among them to the Plaintiff and D on November 5, 2009. The Plaintiff completed the registration of transfer of shares on April 21, 2012 with respect to the share of 2,976/58,632 shares in its ownership to E on April 6, 2012, on the ground of sale on March 21, 2012, and on January 25, 2013, each share transfer on January 22, 2013.

(2) On October 20, 2014, the Plaintiff sold to H 694/58,632 shares in the ownership of the instant real estate at KRW 60,00,000,000, and on December 3, 2014, KRW 331/58,632 shares in the ownership of the instant real estate to I for KRW 30,000,000, respectively, and on December 4, 2014, the Plaintiff completed the registration for transfer of shares in the ownership of the instant real estate to H for each of the 694/58,632 shares in the ownership of the instant real estate, and to I for each of the 331/58,632 shares in the ownership of the instant real estate.

B. (1) Meanwhile, with respect to the instant real estate, the registration of creation of a mortgage (hereinafter “mortgage of this case”) was completed on March 4, 2009, consisting of the debtor F, the mortgagee, the defendant, the maximum debt amount, 468,000,000 with respect to the instant real estate as a document No. 9906, Mar. 4, 2009.

On April 17, 2014, the Defendant applied for an auction based on the foregoing right to collateral security and rendered a voluntary decision to commence the auction of the instant real estate to Cheongju District Court G for Chungcheong Branch Court.

(2) As to the portion corresponding to H’s share and I’s share out of the instant right to collateral security, the registration of change of the right to collateral security was made on October 16, 2015 on October 13, 2015 on the ground of renunciation of share.

In addition, the H’s share and I’s share in the instant real estate among the decision to commence voluntary auction G decision in Chungcheong District Court (Cheongju District Court) was partially withdrawn on October 19, 2015.

(3) Next, on January 19, 2016, the Defendant transferred the instant right to collateral security to the Intervenor on the ground of the transfer of the confirmed claim on December 17, 2015.