1. The plaintiff's primary and conjunctive claims against the defendant B, and all claims against the defendant C and D are dismissed.

2...

1. Presumed factual basis

A. On June 16, 2009, after completing the registration of ownership transfer based on sale on June 10, 2009 with respect to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”), the Plaintiff newly constructed a multi-household house identical to the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) on the ground of the instant land, and completed the registration of ownership preservation on August 19, 201.

B. On May 20, 2010, the Plaintiff concluded a sales contract by setting the price of KRW 230 million as to No. 301 among the instant buildings newly constructed with Defendant B at the time.

Defendant B, on June 4, 2010, remitted the remainder amount of KRW 23 million to the Plaintiff on the same day, and the remainder amount of KRW 27 million to the Plaintiff in full.

On the same day, the Plaintiff had completed the registration of creation of a mortgage over the land of this case with the maximum debt amount of KRW 230 million to Defendant B, within the meaning of securing the purchase price as above.

C. On April 5, 2011, the Plaintiff completed the registration of the right to claim ownership transfer based on the promise to sell the instant land on the same day. On August 19, 2011, the registration of the right to claim ownership transfer based on the promise to sell and purchase the instant building was completed on August 18, 201, and on August 31, 201, the registration of the right to claim ownership transfer based on the instant provisional registration was completed.

On September 6, 2011, Defendant B completed each registration of ownership transfer on September 2, 201 with respect to one-six shares among the instant land and buildings to Defendant C and D on September 6, 201.

[Reasons for Recognition] Gap 2, 3, 5 evidence, Eul 1, 2 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s primary claim against the Defendant B and the Plaintiff’s primary claim against the Defendant C and D, concluded a pre-sale agreement with the Defendant B with a false declaration of intent to prevent other creditors from taking legal action against the instant land, and made a provisional registration in the name of the Defendant B.