1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of premise;

A. C and D completed on July 10, 2008, the registration of initial ownership in relation to the third-rises building (hereinafter “instant building”) on the ground of the Hongcheon-gun, Hongcheon-gun E (hereinafter “the instant building”) with “co-owner C90/100 shares (hereinafter “Co-owner shares”) and D10/100 shares of co-owner D10 shares.

C On July 11, 2008, F completed the registration of the right to claim ownership transfer on the ground of the same day reservation with respect to the share of the instant building on the same day.

B. On September 4, 2008, the Plaintiff transferred the right to claim the transfer of ownership with respect to the shares of the instant building from F on September 4, 2008, and completed the additional registration prior to the provisional registration of the right to claim the transfer of ownership in the name of the Plaintiff on September 5, 2008 (hereinafter “the provisional registration of

On December 5, 2008, the Plaintiff completed the principal registration of transfer of ownership based on the provisional registration of this case in the name of the Plaintiff on November 25, 2008 on the share of the building of this case on the ground of sale and purchase on November 25, 2008 (hereinafter “principal registration of this case”).

C. On February 5, 2010, the Plaintiff issued to the Defendant a promissory note amounting to KRW 700,000,000 at face value and KRW 700,000 as of July 30, 2009, and then drafted and issued an executory notarial deed (No. 580, 2010, hereinafter “instant notarial deed”) with respect to the said promissory note.

C In order to secure a debt to G on July 10, 2008, prior to the completion of the provisional registration of this case and the principal registration of this case, G completed the registration of creation of a neighboring mortgage consisting of the debtor C and the maximum debt amount of 300,000,000 won with respect to the share of the instant building. However, G subsequently filed an application for voluntary auction of the instant share of the building (hereinafter “voluntary auction”) with the Chuncheon District Court H on the basis of the aforementioned right to collateral security, and received a decision to commence the voluntary auction of this case from the above court on October 14, 2008.

E. As a result of the instant voluntary auction procedure, the share of the instant building was sold to I and J, and under the name of I and J as to the share of the instant building on July 9, 2010.