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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
The following facts are not disputed between the parties, or each statement of Gap evidence Nos. 1, 2, 4 through 8, Eul evidence Nos. 1 through 5, 9, 11, 12, 14, and 17 (including the spot numbers, if any) and the witness C's testimony and fact inquiry into the public market of this court. The witness D's testimony as contrary to this is difficult to believe in light of the specific testimony, and there is no other counter-proof.
D 1) D on August 8, 2008, E and F (hereinafter “E, etc.”)
2) The land of this case is 9,310 square meters (hereinafter “instant land”) prior to G in the case of public housing owned by E, etc. from G.
A) A contract was concluded to purchase KRW 5 million. Since the instant land was located within the land transaction permission zone, E, etc. had to set up a collateral on the instant land to the Plaintiff on October 1, 2008 when the Plaintiff paid the remainder of the land, E, etc. (hereinafter “instant collateral security”). Accordingly, E, etc. completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) with respect to the instant land as the public interest branch of the Daejeon District Court on October 1, 2008 (hereinafter “Public interest branch”) No. 24450, Oct. 1, 2008.
3) On the ground of partial transfer of the right to collateral security of this case, D followed the supplementary registration of partial transfer of the right to collateral security of this case to H on October 8, 2008 with official housing support No. 24909, Oct. 8, 2008, and the additional registration of partial transfer of the right to collateral security of this case to H on October 14, 2008, as public housing support No. 25290, Oct. 14, 2008, as public housing support No. 25290, the part transferred to H on October 14, 2008 (hereinafter referred to as “the first collateral mortgage of this case”), and the part transferred to I was “the second collateral mortgage of this case”).
4) Since July 30, 2009, E, etc. completed the registration of ownership transfer for the land of this case on July 27, 2009.