The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

Attached Form

On January 11, 2012, the registration of preservation of ownership in the name of the plaintiff was completed due to the commission of the registration of provisional seizure on the real estate listed in the list (hereinafter referred to as "the building of this case").

(The instant building was unregistered, and the provisional attachment registration was completed on January 11, 2012). On February 3, 2012, the Defendant completed the provisional attachment registration for the instant building on the ground of the purchase promise (the purchase price of KRW 200 million) as the receipt No. 14453 on February 3, 2012.

(hereinafter referred to as “the provisional registration of this case”). [The grounds for recognition] did not dispute, entry of Gap evidence No. 1, and argument by the parties to the entire pleadings, the plaintiff provided the building of this case as security and borrowed KRW 100 million from the defendant for the completion of the building of this case.

However, since the Defendant did not pay KRW 100 million to the Plaintiff and there is no secured claim, the provisional registration of this case should be cancelled.

C, which had built the instant building, etc., had been KRW 5,300,000,00 for the Defendant’s obligation to settle accounts. However, the Defendant loaned additional money to the Defendant in addition to setting the provisional registration of this case, and the provisional registration of this case was established upon lending KRW 40,00,000 to the Defendant.

Afterward, the Defendant extended KRW 36,680,00 to C, and thereafter, KRW 41,980,00 ( KRW 5,300,000) and interest claim calculated at the rate of 5% per annum from March 9, 2012, there exists secured claim.

Judgment

There is no dispute over the facts that the provisional registration of this case was made for the security, and it is difficult to recognize that the secured claim of this case was nonexistent or extinguished due to the following circumstances. Thus, the plaintiff's claim of this case is without merit.

The defendant as the secured debt of the provisional registration of this case by only the evidence Nos. 2 through 4 (including the number of branch numbers; hereinafter the same shall apply) and the testimony of the witness C, as the secured debt of the provisional registration of this case.