A. On July 2, 2010, the registration of preservation of ownership was completed in the name of the defendant on the commission of the registration of provisional disposition on July 2, 2010 for the 604 of the Busan Seo-gu C Condominium (hereinafter “instant building”).

B. On September 30, 2010, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 120,000,000 with respect to the instant building, which was paid in lump sum on the date of the contract. On October 8, 2010, the ownership transfer registration of KRW 120,000 was completed in the future of the Plaintiff.

C. On the other hand, on June 15, 2010, the registration of provisional disposition of the creditor sex credit cooperative was completed with the right to the right to the claim for the establishment of additional collateral security in accordance with the Busan District Court Order 2010Kahap228, and on November 24, 2010, the registration of provisional disposition of the creditor credit cooperative was completed on the ground of the "Additional Contract on July 9, 2007," consisting of the debtor, the mortgagee, his credit union, the maximum debt amount of 1,300,000,000 won," and on the other hand, the registration of the establishment of the mortgage was completed on the ground of the "Additional Contract on July 9, 2007."

However, on November 23, 2010, the day before the commencement of the above voluntary auction procedure, "the procedure for compulsory auction of real estate is not more than the procedure for compulsory auction of this case to Busan District Court E at the request of creditors tax & construction corporation, etc. with respect to the land of this case."

(E) The building of this case was sold to Daiz Co., Ltd. on July 4, 2012 and the registration of ownership transfer was completed on November 7, 2012. [Grounds for recognition], Gap evidence 1 through 9 (including the serial number), and the purport of the entire pleadings.

2. Determination

A. According to the above facts of recognition, the plaintiff purchased the building of this case in the procedure of compulsory auction requested by the creditor of the defendant who sold the building of this case.