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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Before the land stipulated in paragraph (2) of this claim (hereinafter “instant land”) is replaced with the land stipulated in paragraph (2), the land was originally owned by F. The land before the instant land was originally owned by Seoul Special Metropolitan City, Nowon-gu, 190.6 square meters (hereinafter “the land before the instant land substitution”). The registration of the trust under the Trust Act was completed in the name of G reconstruction Association on April 18, 2003, immediately before the completion of the registration of the trust under the name of G reconstruction Association, the Korean National Bank Co., Ltd. (hereinafter “National Bank”), 65 million won, and the registration of the establishment of a neighboring mortgage as the debtor F.
B. After that, as a subdivision and rearrangement project was completed for the surrounding lands including the instant land before the instant land substitution in around 2006, the land before the instant land substitution and the surrounding lands were replaced with the instant land on July 11, 2006, and the purport of the title of the registry (line No. 5) of the instant land was additionally stated in the land before the instant land substitution, and in the title of the registry (line No. 5) of the instant land.
C. Around that time, the registration of ownership transfer (trust registration) in the name of the above reconstruction association as to the land prior to the instant land substitution and the registration of ownership transfer in the name of the national bank were transferred respectively to the registry (No. 169 and the order number No. 68 of the Gu column) of the instant land. On July 26, 2006, the registration of revision (No. 227) was completed in the future of the above reconstruction association as to the shares in the instant land among the instant land, 61,410.084/923,723.76.
After that, the National Bank applied for voluntary auction on the shares (No. 169 shares No. 190. 2,538 shares (No. 169 shares in the title of the above reconstruction association) in the land of this case based on the right to collateral security, which was established on the land prior to the land substitution of this case (the decision of commencing auction was made by this court'sO on April 10, 2007).