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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. The Plaintiff is the right holder of a provisional registration on July 1, 2013 with respect to Yongsan-gu Seoul Metropolitan Government C Apartment 101, 1603 (hereinafter “instant apartment”). The Defendant is the right holder who completed the additional registration of the right to collateral security transfer on October 20, 2014 with respect to the instant apartment on the ground of a final claim transfer as to the instant apartment on October 20, 2014.
B. (1) On March 2009, Nonparty D, a buyer of the instant apartment, entered into a lease agreement with Nonparty E, a buyer of the instant apartment, to the effect that the lease deposit was KRW 600,000,000, and the lease period was from March 23, 2009 to March 22, 2011, occupied the instant apartment after delivery. On December 27, 2010, Nonparty D, a buyer of the instant apartment, had increased the lease deposit to KRW 700,000 while extending the lease period to April 27, 2013.
(2) After that, on October 24, 2013, Nonparty D registered the right of lease of KRW 700,000 as lease deposit, and on March 10, 2009, Article 10(4) of the Overseas Koreans Act in the Republic of Korea at the Immigration Control Office of the Ministry of Justice stipulates, “A foreign nationality Korean who reported his/her residence in the Republic of Korea or reported his/her relocation shall be deemed to have filed a foreigner registration under Article 31 of the Immigration Control Act and a report on the change of his/her residence under Article 36 of the same Act shall be deemed to have been filed.” Article 88-2(1) of the Immigration Control Act provides, “A foreign nationality Korean who reported his/her residence in the Republic of Korea or reported his/her relocation shall be deemed to have filed a foreigner registration certificate or a report on the change of his/her residence under this Act with the resident registration certificate or a foreigner registration certificate if necessary.” Article 88-2(2) of the Immigration Control Act provides, “A foreign registration and the change of residence shall substitute for the resident registration date.
(c)mortgage;