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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B borrowed 1.5 billion won to C on February 20, 2008 as of December 24, 2008.
B. On August 30, 2012, B and C entered in the separate sheet No. 2 owned by D Co., Ltd. (hereinafter “D”) with respect to each real estate that B substantially operates, the period for which a provisional registration of purchase and sale was made to C, but each of the above real estate was sold at least KRW 150,000 per the minimum level of deliberation, and the agreement was made to repay the loan obligation with the proceeds thereof (hereinafter “instant agreement”).
C. Under the agreement of this case, on May 23, 2012, the provisional registration under the title I in the name of 2, 3, Gyeongnam-gun, Ma, G, and H with respect to each real estate listed in the separate sheet No. 2 attached hereto was not revoked, and C made a provisional registration with respect to each real estate listed in the separate sheet No. 2 attached hereto (hereinafter “real estate subject to provisional registration”), and on November 14, 2012, with respect to each real estate listed in the separate sheet No. 1570, the provisional registration of the right to claim transfer of ownership was completed on November 25, 2012 with respect to each real estate listed in the separate sheet No. 15733, the registration of the right to claim transfer of ownership was completed on November 25, 2012 with respect to each real estate listed in the separate sheet No. 1 List No. 1633.
On August 13, 2013, the Defendant received the provisional registration of this case from C on August 14, 2013, and completed the registration of transfer of the provisional registration of this case under the receipt of the registration office of the Changwon District Court in the Changwon District Office under Article 11663, and filed the registration of transfer of ownership under the receipt of the same registration office (hereinafter “instant principal registration”).
E. On November 12, 2012 and November 25, 2012, at the time of filing the provisional registration of this case, the forest land within seven parcels, excluding J and K forest, among real estate subject to provisional registration.