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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. B Provisional registration and provisional seizure of Housing Business Mutual Aid Association 1) Incheon Seo-gu 108 Dong 301 (hereinafter “instant real estate”)
A) As to B, on the ground of the pre-sale agreement as of July 14, 1997, B completed the provisional registration of the right to claim ownership transfer under the receipt of No. 122727 of the receipt of July 28, 1997 (hereinafter “instant right to claim ownership transfer”).
2) On April 11, 1998, the Housing Business Mutual Aid Association received a decision of provisional seizure as to the right to claim the transfer of ownership of this case with the claim amounting to KRW 100 million (In Incheon District Court 98Kahap3547), and Seocheon District Court Seocheon Branch of Incheon District Court 46905, May 6, 1998, which was registered as provisional seizure.
(hereinafter “instant provisional seizure”). (b)
1) On February 17, 2012, D acquired the right to claim the transfer of ownership from B, and completed the supplementary registration before February 21, 2012. 2) The Plaintiff received the right to claim the transfer of ownership from D on March 8, 2012, and completed the supplementary registration before March 12, 2012.
On June 3, 2013, the Plaintiff completed the registration of ownership transfer based on provisional registration on June 26, 2013.
C. Plaintiff’s application for revocation of provisional attachment and agreement 1) Plaintiff’s Housing Business Mutual Aid Association (amended to Korea Housing Guarantee Co., Ltd.; hereinafter “Korea Housing Guarantee”).
(2) On May 18, 2015, the Plaintiff filed a lawsuit against B (Seoul Southern District Court 2003Gahap8160) on the merits of the provisional seizure of this case against B (Seoul Southern District Court 2003Gahap8160), and the judgment was finalized on April 14, 2004. Since the registration of the entry of the provisional seizure of this case has been completed and the effect of the preservation of execution remains until now, the extinctive prescription on the right to be preserved is suspended.