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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 28, 2013, E completed the provisional registration of the right to claim transfer of ownership based on the purchase and sale reservation made on February 27, 2013, as the Ulsan District Court’s receipt of No. 9246, as regards the G 102 and 301 on the third floor (hereinafter “each of the instant houses”).
B. Thereafter, on September 16, 2013, the Plaintiff: (a) transferred the E’s right to transfer ownership with respect to each of the instant houses; and (b) completed the registration of transfer of the right to claim ownership transfer due to the transfer on September 13, 2013, respectively, by the Ulsan District Court Decision 50649, respectively.
C. Meanwhile, the Eastsan Agricultural Cooperative applied for a voluntary auction of real estate with the Ulsan District Court D for each of the instant houses and conducted the voluntary auction procedure.
On February 26, 2015, the court of execution sent to the Plaintiff a written peremptory notice stating that the provisional registration under the name of the Plaintiff is a provisional registration for security, the content, the existence of the claim, the cause and amount of the claim in cases where the provisional registration for security is not a provisional registration for security, by May 18, 2015, which is the completion date for the demand for distribution, and, in cases of a provisional registration for security, by registered mail of Gangseo-gu, Busan, which is the domicile of the Plaintiff on the Plaintiff’s registry, that the report of the claim should be made only in cases where
E. On December 7, 2015, the completion period for the demand for distribution was past, the Plaintiff submitted a report on rights and a request for demand for distribution to the executing court.
F. In the above auction procedure, each of the instant housing units was sold to I in total at KRW 212,210,000,000, and the executing court distributed to the Defendants, a subordinate creditor, the Plaintiff, except for the Plaintiff’s dividends, for the following reasons: (a) the remainder of KRW 208,095,394, which was obtained by deducting KRW 4,217,70 from total sales proceeds and interest thereon, the execution cost of KRW 212,313,164, Dec. 22, 2015, the remainder of KRW 208,095,394, which was deducted from total sales proceeds and interest thereon; and (b) the Plaintiff did not report the claim by May 18, 2015.
G. The plaintiff is above.