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

A. On June 10, 1970, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in paragraphs (1) and (2) of the [Attachment List Nos. 1 and (2)] on April 12, 1971, and completed the registration of ownership transfer with respect to each real estate listed in Paragraph (3) of the Attached List No. 3) on October 20, 197.

B. Defendant Model Spain Co., Ltd (hereinafter “Defendant Co., Ltd”) completed the registration of transfer of ownership as the receipt date No. 74752 on August 19, 2009, the Changwon District Court Kimhae-si registry office, as the receipt date No. 62100 of July 17, 2009, with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

C. As to the instant real estate, the Defendant Company completed on February 3, 2010 the registration of the establishment of a neighboring mortgage of KRW 48,000,000 with respect to the instant real estate, and on May 14, 2010, the registration of the establishment of a neighboring mortgage of KRW 100,000 with respect to the instant real estate was completed.

On July 22, 2011, the instant real estate was rendered a voluntary decision to commence the auction at Changwon District Court D upon the application of the said C, a mortgagee, and Defendant B purchased the instant real estate at the above auction procedure on March 28, 2012 and completed the registration of transfer of ownership as the receipt of the instant real estate on March 28, 2012.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff had not entered into a pre-sale or sales contract with the Defendant Company, but completed the provisional registration of the right to claim ownership transfer and the registration of ownership transfer under the name of the Defendant Company. Since Defendant B purchased the instant real estate in the auction procedure conducted by the Defendant Company upon C’s application that was established by the right to collateral security with respect to the instant real estate, the provisional registration of the right to claim ownership transfer and the registration of ownership transfer under the name of the Defendant Company B are invalid.