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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. C acquires the ownership of the building of this case 1) C is Gangnam-gu Seoul Metropolitan Government No. 101 on the first floor (hereinafter “instant building”).
(2) On March 16, 2005, upon purchasing the building of this case from E, the owner of the building of this case, registered the title trust to G, which is one of the wife of F, and on July 22, 1999, the registration of the above G was completed. 2) However, around April 2002, F and G defect in the divorce between F and G, and C filed a lawsuit against G claiming for the cancellation of the transfer of ownership in the name of G with respect to the building of this case, asserting that the building of this case was registered in title with G, as Seoul Central District Court 2004Gadan69145, and C completed the registration as the owner of the building of this case on March 3, 2009, based on the above final judgment.
B. On March 3, 2009, on the instant building, the provisional registration of the H’s right to claim the transfer of ownership was completed on the ground of the pre-sale agreement as of February 24, 2009. (2) On March 3, 2009, regarding the instant building: ① the establishment registration of a mortgage (the maximum debt amount of KRW 240,000,000; G, the debtor, the Han-mortgage Bank Co., Ltd.; ② the establishment of a mortgage on the instant building (the maximum debt amount of KRW 132,00,000; the debtor, G, and the mortgagee Co., Ltd.) was revoked, respectively.
3) As to the building of this case on March 3, 2009, ① the registration of the establishment of a neighboring mortgage (the maximum debt amount of KRW 450,00,000, the debtor H and the mortgagee), ② the registration of the establishment of a neighboring mortgage (the maximum debt amount of KRW 225,00,000), the debtor H and the mortgagee, and the mortgagee, ③ the registration of the establishment of a neighboring mortgage (the maximum debt amount of KRW 75,00,000, the debtor H and the mortgagee), and the mortgagee K, respectively, was completed on October 28, 2011. As seen earlier, the registration of the right to claim a transfer of ownership, which was completed under H’s name, was caused by the transfer on October 25, 2011.