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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D on June 9, 2004, registered the ownership transfer under C’s name and the Plaintiff’s registration transfer registration for the establishment of the Plaintiff’s neighboring mortgage (hereinafter “Plaintiff’s registration”) with the size of 1,190 square meters in each E company, and 4,025 square meters in each F forest (hereinafter “G forest”) on March 3, 201.
(2) The registration conversion was made on September 24, 2008 with H forest land 1,240 square meters (1,111 square meters on September 24, 2008)
The above three lots of land is not classified before and after the registration conversion, but "the instant land".
A) On June 8, 2004, D completed the registration of ownership transfer for reasons of sale. 2) D entered into a contract with J on October 23, 2007 to sell the total amount of KRW 1953 million for KRW 2.343 billion, and received down payment of KRW 300 million on the same day.
3) On January 28, 2010, with respect to the instant land, the registration of transfer of ownership based on the sale on January 26, 2010 (hereinafter “instant registration of transfer of ownership”) was received from the Jung-gu District Court’s High Court’s High-Aid Branch Office (No. 6112) under the name of the Republic of Korea (Seoul).
(4) On May 6, 2010, the Plaintiff loaned KRW 1.6 billion to K on the same day, and entered into a mortgage agreement with C, which provides the instant land as collateral. On the same day, the Plaintiff completed the registration of the creation of a superficies on the instant land on May 10, 2010, including the debtor K and the maximum debt amount of KRW 2.24 billion, the Plaintiff, the Plaintiff, the Plaintiff of the instant mortgage, as the Plaintiff, (hereinafter “the registration of the creation of a mortgage”).
B. On March 17, 2011, the convictionD against J against the charge of forging private documents was accused of a crime, such as fraud, fabrication of private documents, and uttering of a falsified document (hereinafter referred to as “relevant criminal case”), and the J without authority, stated the sales contract between D and C for the purpose of exercising the right to arbitrarily dispose of the instant land at the office of a certified judicial scrivener in Goyang-gu L (hereinafter referred to as the “N”) in Goyang-gu, Goyang-gu, U.S.A., and from the Seoul AF.C.