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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
Reasons
1. Basic facts
A. 1) D Co., Ltd. (hereinafter “D”).
A) On January 4, 1999, after entering into a contract for construction works for building construction with E around 1996, the Seoul Seocho-gu Seoul Metropolitan Government Fro 881m2 (hereinafter “instant land”).
2) On the ground, the 4th ground level and the 8th ground level and the 8th ground level and the 8th business facility building (hereinafter “instant building”).
(2) On January 27, 199, G completed the registration of ownership preservation in the name of D with respect to the instant building. However, with respect to the instant land, G was awarded the instant land in the voluntary auction procedure (Seoul District Court H) and completed the registration of ownership transfer on June 12, 2001, and from G on the same day, G completed the registration of ownership transfer transfer on the same day.
(2) On May 16, 2003, D and E agreed to set up a right to collateral security to secure the claim for the construction cost of the instant building, instead of transferring the ownership of the instant building to D on May 16, 2003, by filing a lawsuit on the construction cost, etc. of the instant building in the name of D and E.
On May 17, 2003, D completed the registration of ownership transfer under the name of E, the wife of the instant building. On the same day, J completed the registration of creation of the right to collateral security (hereinafter “the instant right to collateral security”) with respect to the instant building with the obligor E and the maximum debt amount of KRW 1.2 billion.
3) On March 4, 2008, the Defendant, the wife of D’s director, entered into a contract with D on the transfer of D’s right to collateral security and its secured claim to the Defendant. On March 6, 2008, the Defendant entered into an additional registration of transfer of D’s right to collateral security from D to D’s name (hereinafter “instant right to collateral security transfer”).
A. On March 12, 2008, the Defendant completed the voluntary auction of the instant building (Seoul Central District Court L; hereinafter “instant auction”).
of March 13, 2008.