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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 of recognition;
A. On March 6, 2009, the Defendant, a Korean national of the U.S., entered into a lease agreement with the E (Korean mother) representing D, setting the term of lease from March 23, 2009 to March 22, 2011, setting the lease deposit amount of KRW 600 million, and occupied the instant apartment upon delivery to E while paying the above lease deposit. On March 10, 209, the Defendant reported the transfer of the instant apartment to the Republic of Korea in accordance with Article 6 of the former Act on the Immigration and Legal Status of Overseas Koreans (amended by Act No. 12421, Mar. 18, 2014; hereinafter “former Overseas Koreans Act”).
B. After D died on October 2, 2009, on December 2, 2012, 2010, the Defendant paid KRW 100 million increased deposit to E around the same day by setting the lease term to extend the lease term to April 27, 2013, and to increase the lease deposit to KRW 700 million (hereinafter collectively referred to as “instant lease contract”).
C. On April 10, 2013, the registration of ownership transfer for the instant apartment was completed on the ground of sale under H’s name. On July 1, 2013, the registration of ownership transfer was completed on the apartment of this case, and on July 1, 2013, the registration of the establishment of a neighboring mortgage-based mutual savings bank (hereinafter “Nondo Mutual Savings Bank”), the maximum debt amount of KRW 1.56 million, and the debtor I was completed.
On October 24, 2013, the Defendant made a lease registration of KRW 700 million for the instant apartment.
E. After that, the right to collateral security was transferred in sequence to a third party, and finally transferred to the Plaintiff on October 20, 2014, and on the same day, the registration of the right to collateral security was made in sequence in the name of creditors, Native Mutual Savings Bank, creditor J Mutual Savings Bank, and creditor J Mutual Savings Bank.
F. The defendant