1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 12, 2013, the Plaintiff completed the registration of the full right to claim the transfer of shares on September 11, 2013, as to the share of 2673/4010 square meters owned by the Defendant among the share of 4010 square meters (hereinafter “share of the instant real estate”).

B. On May 1, 2015, in the Jeju District Court D Voluntary Auction Application case filed by F, a senior mortgagee, the auction procedure was initiated after the decision to commence auction was rendered on May 1, 2015 regarding the shares of the instant real estate, and the court of execution, at the above auction procedure, sent a peremptory notice containing the contents of the report of claims to the Plaintiff who is a right holder of a provisional registration, to the Plaintiff’s domicile on the Plaintiff’s registry, and then sent the said peremptory notice to the Plaintiff’

C. On March 18, 2016, a court of execution: (a) distributed KRW 153,954,362 of the surplus of KRW 334,024,861, which was to be actually distributed from the proceeds of sale through the date of distribution of the above auction procedure, to the Defendant, who is the debtor and the owner; and (b) did not report the claim within the period set by the court of execution, excluded the Plaintiff from the distribution of dividends; and (c) the Plaintiff appeared on the date of distribution and raised an objection

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, Gap’s evidence 3, and Gap’s evidence 4, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Plaintiff’s assertion asserts that, in order to secure the claim against the Defendant, the Plaintiff is a person having the provisional registration for the portion of the instant real estate owned by the Defendant, inasmuch as he/she is a person having the provisional registration for the portion of the instant real estate owned by the Defendant, he/she should not be excluded from the distribution of the auction procedure for the portion

B. Article 16 of the Provisional Registration, Security, etc. Act provides, “Where there is a decision to commence an auction, etc. of real estate on which provisional registration for the transfer of ownership is made, the court shall make such provisional registration against the person having the right to provisional registration