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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On February 28, 2008, Defendant A agreed to pay in kind the land of 10 million won including each of the instant real estate in lieu of the payment of KRW 220 million in total, on the ground that the Seoul Central District Court 2008Kadan42649 decided on Apr. 1, 2007, Defendant A applied for provisional disposition of this case (hereinafter referred to as “Defendant A”) to prohibit disposal of each of the instant real estate by claiming for ownership transfer registration due to payment in kind on Dec. 30, 2007, on the following grounds: “B is unable to pay the said money by the above deadline,” but the above provisional disposition of this case was applied for provisional disposition of this case (hereinafter referred to as “the above provisional disposition of this case”).
3) As to each of the instant real estate owned by Suwon District Court, the Suwon District Court’s registry office was received on March 6, 2008, the provisional disposition of this case, the grounds for registration, the provisional disposition of this case, the creditor A, and the right to claim the transfer of ownership of preserved rights, and the provisional disposition registration of prohibition of disposal (hereinafter “the provisional disposition registration of this case”).
(4) On the other hand, L, as referred to B, died on December 11, 2008.
B. Loans and compulsory execution 1) The private Saemaul Savings Depository extended C as the debtor, B, D and Jinjin Co., Ltd. as the joint and several sureties, respectively, a loan of KRW 1.8 billion on August 31, 201, and KRW 2.1 billion on September 23, 2011 (hereinafter “instant loan”).
(2) As C did not pay the principal and interest of the loan of this case, the Kiwon District Court applied for a compulsory auction in the name of debt with an executory exemplification of a notarial deed on the real estate owned by B including each of the instant real estate, and the Kiwon District Court accepted the said application on August 20, 2014.