2. The plaintiff (appointed party)'s lawsuit against the defendant C shall be dismissed.

3...

A. On June 17, 2003, Defendant B borrowed money from Defendant C while engaging in a building business. To secure this, on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”), Defendant C made a registration of preservation of ownership as to 6.6116 shares in the separate sheet (hereinafter “Defendant C shares”), and on each of the instant real estates, Defendant C completed a registration of creation of a mortgage with respect to the shares for which registration of preservation of ownership has been made in the rest of Defendant B (hereinafter “Defendant B shares”).

B. The Plaintiff (Appointed) and the designated parties (hereinafter “Plaintiff, etc.”) purchased the Defendant B’s shares in sequence from the J real estate auction procedure in Incheon District Court (hereinafter “instant auction procedure”) and its successful bidder, etc., and completed the registration of ownership transfer.

C. Defendant C received dividends of KRW 227,193,626 as a mortgagee of each of the instant real estate in the instant auction procedure on January 26, 2006.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including paper numbers), Gap evidence 2, the purport of the whole pleadings

2. The Plaintiff’s assertion on January 26, 2006 that the Defendant C received the allocation of most of the maximum debt amount against Defendant C during the instant auction procedure, and actually extinguished the Defendant C’s claim on the loan to Defendant B. As such, registration of preservation of ownership as to the Defendant C’s share ought to be revoked by the Provisional Registration Security Act or the ownership transfer is completed in the future of Defendant B

Defendant B, on June 13, 2011, agreed with the Plaintiff, etc. to sell and purchase the shares of Defendant C to be returned to the future as the officially announced value, and thus, the Plaintiff, etc., by subrogation of the Defendant B, sought to cancel the registration of ownership preservation on the shares of Defendant C, and seek against Defendant B the implementation of the registration procedure for ownership transfer registration on June 13, 201 with respect to the shares of Defendant C.

3. Determination A.