1. The plaintiff's appeal and the plaintiff's claim selected by this court are all dismissed.

2. Appeal;

1. Basic facts

A. D completed the registration of ownership transfer on November 9, 2012 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On November 12, 2012, D completed on November 7, 2012, the registration of creation of a mortgage on the instant real property to the Plaintiff, 50,000,000 won with respect to the maximum debt amount, and the debtor D and the Plaintiff as the mortgagee, on the ground of a mortgage contract on November 7, 2012.

(2) On August 14, 2013, D completed on August 14, 2013, the establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage”) consisting of the Plaintiff as the Plaintiff on the ground of a mortgage contract on August 14, 2013, the maximum debt amount of KRW 600,000,000, the debtor D and the Plaintiff as the Plaintiff on the instant real estate.

After that, on August 21, 2013, the registration of creation of the first neighboring mortgage was cancelled on the ground of termination, and on June 1, 2015, the registration of establishment of the instant neighboring mortgage was cancelled on the ground of termination.

C. On June 3, 2015, D completed the provisional registration of ownership transfer security (hereinafter “instant provisional registration”) on June 2, 2015 with respect to the instant real estate to the Defendant on June 3, 2015.

D The creditor E applied for a compulsory auction on the instant real estate (Seoul Central District Court C), and this Court decided to commence compulsory auction on August 25, 2015, and "the compulsory auction procedure for the instant real estate is less than the procedure for compulsory auction" for the instant real estate.

(E) On the same day, the registration of the instant decision to commence compulsory auction was completed. E. On September 15, 2015, the Plaintiff, together with F and G, received the decision of provisional seizure against D on September 15, 2015 (Seoul Central District Court 2015Kadan809064, and the registration of provisional seizure was completed on the same day.

F. In the instant auction procedure, the Plaintiff, as a creditor of provisional seizure, demanded a distribution of KRW 62,50,000 on October 1, 2015, prior to November 30, 2015, which was the completion date for demanding a distribution, as a creditor of provisional seizure.

On the other hand, however,