Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 11, 201, the Plaintiff completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on April 8, 2011 with a view to securing the amount borrowed from D with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).
B. On January 2, 2012, E transferred the instant provisional registration from D, and on January 10, 2012, E completed the registration of ownership transfer on November 20, 201 based on the said provisional registration.
(hereinafter “instant transfer registration”). C.
E, on January 19, 2012, extended a loan of KRW 570 million from the F Association (hereinafter referred to as the “F Association”) with respect to the instant real estate, E completed the registration of creation of a neighboring mortgage of KRW 741 billion with the maximum debt amount, KRW 130 million with the loan of KRW 100 million with the debtor on September 17, 2014, and completed the registration of creation of a neighboring mortgage of KRW 100 million with the maximum debt amount, KRW 13 million with the debtor on September 17, 2014, respectively.
("Registration of the establishment of a new establishment of a new establishment of a new establishment of a new establishment of a new establishment of a new establishment)
As E did not pay interest on the above loan, the FF Union applied for a voluntary auction to the Ulsan District Court G upon the registration of the establishment of the instant neighboring land, and the decision of voluntary auction was made on February 4, 2015.
On November 30, 2016, the instant real estate was sold to the Defendant (2/6), H (2/6), I (1/6), and J (1/6) on November 30, 2016. On the same day, the registration of ownership transfer was made in the name of the purchaser on the same day.
After all, on December 12, 2016, the Defendant completed the registration of ownership transfer with respect to the whole shares of I among the instant real estate on the grounds of sale, and on December 30, 2016, 1/6 shares out of H’s 2/6 shares.
E. On January 16, 2017, the Defendant applied for an order to deliver the instant real estate to the Ulsan District Court C to the Plaintiff and received the ruling of acceptance on February 9, 2017 (hereinafter “instant order”).