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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts recognized;
A. C’s acquisition of the ownership of each real estate indicated in the attached list of the attached list was combined on December 8, 2003, Jindong-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, with E 1,475С on December 8, 2003, Jindong-si, Seoul Special Metropolitan City, with E 208С and G 231С and HJ 615С on December 10, 200, divided into E large 1,054С on December 10, 203. The land was divided into E large 80 square meters and I 254 square meters on February 5, 2009. The land was combined with E large 1,475 square meters on February 5, 2009, and the land was converted into the administrative district of this case on July 1, 2010.
In the case of an aggregate building for business facilities and multi-family housing (hereinafter referred to as “instant aggregate building”) with the size of the two underground floors and the 13th ground floors, all of the instant aggregate building is referred to as “the instant building,” and the instant land and the instant building are also referred to as “instant
(2) On December 31, 2004, D entered into a sale collateral agreement with C to transfer the ownership of the instant real estate immediately in the event of delay in the repayment of the instant loan between C and C in order to secure it (hereinafter “instant loan”).
3) Since the repayment period of the instant loan debt was extended on April 30, 2005 and June 30, 2005, D had, upon C’s request, deliver all documents necessary for the registration of the ownership transfer of the instant real estate to the certified judicial scrivener designated, and D, a creditor of D, the F Co., Ltd., a creditor of D, decided on June 3, 2005 that the right to claim the registration of the ownership transfer of the instant building was subject to the provisional disposition prohibiting the disposal of the instant building on the ground that the right to claim the registration of the ownership transfer of the instant building was the preserved right, and upon the entrustment of the registration of the provisional disposition, the registration of ownership transfer was completed in the name of D on June 4, 2005.
5. After July 27, 2005, when the whereabouts of D were unknown, C was received in advance from D, and on August 6, 2005.