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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. A. Around June 5, 2006, the Plaintiff extended C with a loan of KRW 70 million to C, and the maturity was set on June 5, 2007. After which C failed to pay the principal and interest of the loan. On August 22, 2018, C’s debt amount as of August 22, 2018 is KRW 95,606,269 (including overdue interest rate of KRW 55 million).
B. However, on April 20, 2016, C entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant, who he/she is in office as an auditor, and each real estate listed in the separate sheet, his/her own ownership (hereinafter “instant real estate”). On April 21, 2016, C entered into the provisional registration of the Defendant’s right to claim ownership transfer on the said real estate as the ground of the pre-sale agreement.
C. Meanwhile, as seen earlier on September 10, 2018, the Plaintiff, via a certified judicial scrivener, filed an application for provisional disposition against the Defendant regarding the provisional registration of the right to claim ownership transfer under the name of the Defendant, and against the Defendant, the prohibition of disposal against the Defendant’s right to claim a provisional registration of the right to claim a transfer of ownership by the obligee’s right to claim a cancellation of the provisional registration. On September 18, 2018, the provisional disposition registration was completed with regard to the above real estate. Of the materials attached to the Plaintiff’s application for provisional disposition, the date of issuance is as of September 6, 2018; ② the date of inspection of the individual land price of each of the seven parcels of the instant real estate and the date of issuance of the general building register of the buildings listed in the attached Table No. 5 of the instant real estate are all the date of issuance of the building register on August 16, 2018; ③ the date of issuance of the Defendant’s entire registration certificate (C) as an auditor) is expected to be repaid to C/18.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings
2. As seen earlier, the Plaintiff’s defense of this case is determined.