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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 20, 2011, C entered into a pre-sale agreement with the Defendant regarding the buildings listed in the separate sheet owned by the Defendant (hereinafter “instant building”) and accordingly completed the provisional registration of the right to claim transfer of ownership in its name (hereinafter “C provisional registration”).
At this time, the defendant also delivered C documents necessary for the registration of transfer of ownership to the building of this case.
B. C thereafter is the same year.
4. On May 2, 201, the Defendant prepared a certificate of cancellation to the effect that the said purchase and sale reservation and provisional registration will be cancelled, but still, the documents required for the registration of transfer of ownership on the instant building were kept. On April 18, 201, the Suwon District Court received the register office of Sung-nam Branch Branch Branch Branch of Suwon District Court, as the above provisional registration was received on February 5, 2011 (hereinafter “C ownership transfer registration”).
C. On the other hand, the Plaintiff loaned KRW 350,00,000 to C on May 24, 201, and completed the registration of establishment of a mortgage for the instant building, which was registered as owned by C, with respect to the Suwon District Court’s Sung-nam Branch of Branch of Branch Branch of Branch Branch of Branch Branch of Branch Branch of Branch Court, as of May 24, 2011, the maximum debt amount of KRW 455,000,000, and the debtor C (hereinafter “the registration of establishment of a mortgage for the instant building”).
On June 16, 2011, the Defendant filed a lawsuit against C to seek the implementation of the procedure for registering the cancellation of provisional registration and transfer of ownership of the instant building C (U.S. District Court 201Kadan27232). On July 18, 2013, the lower court rendered a favorable judgment against the Defendant (hereinafter “C”) (hereinafter “the procedure for the cancellation of provisional registration and transfer of ownership of the instant building”) and filed an appeal against C on July 22, 2016, but C filed an appeal against this, and on August 25, 2016, the lower court rendered the first instance judgment on August 25, 2016.