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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the pleadings as stated in the evidence No. 1-2, evidence No. 1-3, evidence No. 8-1, 2, evidence No. 25, evidence No. 28, evidence No. 29, and evidence No. 40-9 or 11.
C On November 13, 2008, the Plaintiff purchased shares of 6305/6571 square meters among the 6,571 square meters of Pyeongtaek-si S Park 6,571 square meters prior to the registration conversion from D on November 13, 2008, and completed the registration for transfer of ownership by the Suwon District Court (Seoul District Court) No. 46017 on December 10, 2008. The F purchased shares of the remaining 266/6571 from D on November 25, 2008 and completed the registration for transfer of ownership as the same registry office No. 47757 on December 31, 2008.
B. On December 10, 2008, C completed the registration of creation of a mortgage with the maximum debt amount of KRW 756 million against the Industrial Bank of Korea (hereinafter “Bank”) regarding the shares of KRW 6305/6571 out of the forest land as above, and on January 16, 2009, C completed the registration of creation of a mortgage with the maximum debt amount of KRW 1 billion against G as to the same share.
C. Since then, on March 24, 2009, the said forest land was registered as 6,431 square meters in Pyeongtaek-si E-si and was again divided into 260 square meters in the same month on the 27th day of the same month, and on March 31, 2009, the F became the sole owner of the instant real estate No. 1 by completing the registration of transfer on the ground of co-owned property partition with regard to shares of 266/6571 square meters in Pyeongtaek-si E-si and 6,171 square meters (hereinafter “1 real estate listed in the attached Table”) after the division to C on March 31, 2009.
The Industrial Bank of Korea applied for a voluntary auction of shares of 6305/6571 (hereinafter “the first auction of this case”) among the real estate No. 1 of this case and the forest land No. 1 of Pyeongtaek-si H, which was based on the right to collateral security, to Suwon District Court I, and received a decision to commence the auction on December 14, 2009, and the record was completed. The plaintiff was the first auction of this case.