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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the plaintiff's claim
A. The Plaintiff asserted that, after completing the registration of transfer of the Plaintiff’s real estate B, the registration of the establishment of a mortgage near the Defendant’s future, such as the entries in the purport of the claim, should have been completed, but the registration of establishment of a mortgage near the Defendant’s name should also be cancelled, since the above registration of establishment of ownership in the name B
B. 1) B completed the registration of the right to claim transfer of ownership on the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff on December 9, 201 based on the pre-sale agreement as of December 12, 201, the Daegu District Court received on January 12, 2012, as of January 12, 201, No. 1644. B) B filed a lawsuit against the Plaintiff to perform the principal registration procedure based on the provisional registration as of Daegu District Court 2012Gadan54093, and obtained a favorable judgment against the Plaintiff on January 24, 2013, as a result, the said judgment became final and conclusive, and completed the ownership transfer registration based on the said final and conclusive judgment (hereinafter “instant ownership transfer registration”).
2) On June 24, 2015, the Defendant completed the registration of the instant collateral security on the instant real estate as C, with the maximum debt amount of KRW 390,00,000,00. 3) The Plaintiff filed a subsequent appeal on the instant claim for the registration of ownership transfer under the Daegu District Court 2014Na2424, and on June 4, 2015, the said appellate court dismissed the first instance judgment and the Plaintiff’s primary claim. Upon the ancillary claim of B added in the appellate court, the Plaintiff received KRW 189,00,000 from B at the same time with the payment of KRW 189,00,000 from B, the Daegu District Court 1644, Jan. 12, 2012, the judgment became final and conclusive as of December 19, 2015.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and Eul.