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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. After completing registration of preservation of ownership on the instant real estate on March 21, 2005, C Co., Ltd. (hereinafter “C”) completed registration of preservation of ownership on the instant real estate on March 21, 2005, the registration of the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on March 21, 2005 with respect to the instant real estate by the Busan District Court, Busan District Court, and the Southern Busan District Court, the registration of the right to claim ownership transfer on the ground of the pre-sale on the same day (hereinafter “the provisional registration of this case”).
B. On Nov. 15, 2004, C provided D Dae-gu, Busan, the land site of the instant real estate as security and borrowed KRW 295 million from the New Saemaeul Credit Depository, with the Defendant, the representative director of C, as the debtor, who is the F, as the debtor. On Apr. 26, 2005, Jin Jin Jin Jin-Jak completed the supplementary registration prior to the instant provisional registration (hereinafter “Additional registration 1”) on the ground that it was transferred to the New Saemaeul Credit Depository as the same day by the receipt of the same registry office on Apr. 26, 2005.
C. On February 5, 2013, the New-SSS Global Assets Loan Co., Ltd. (hereinafter “SSS Global”) completed the additional registration of the transfer of the provisional registration of this case on the ground of the transfer of assignment on June 15, 2012, with the same registry office No. 5214 (hereinafter “Supplementary registration No. 2”).
On April 18, 2013, SP Global filed a lawsuit against C for the implementation of the provisional registration procedure based on the provisional registration under the Busan District Court's branch court's 2013Gadan203590, but G during the lawsuit pending, the additional registration for the transfer of the provisional registration of this case (hereinafter referred to as "third additional registration") was completed on October 30, 2013 due to transfer on July 30, 2013 by the same registry office (hereinafter referred to as "third additional registration").
E. G was rendered a favorable judgment of the Plaintiff by public notice on December 17, 2013. On October 7, 2016, G completed the principal registration based on the provisional registration of this case in accordance with the above judgment regarding the instant real estate, following the completion of the principal registration based on the instant provisional registration, and on the same day.