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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On November 18, 2004, the real estate Nos. 1 and 1 and 2 of the ground floor B of the building A (hereinafter “the instant real estate”) located in Siung-si (hereinafter “the instant real estate”) was registered as the right to a site only after November 18, 2004. On February 3, 1997, before the registration of the right to a site was made, the registration of the ownership transfer was completed due to the sale on November 1, 1996 to C, Daeyang Mutual Savings and Finance Company (hereinafter “Syang Mutual Savings and Finance Company”) which was awarded a successful bid by Nonparty E on September 21, 2001 in the Suwon District Court D voluntary auction procedure.
B. As to the land A’s site No. 609.9 square meters (hereinafter “the instant land”), which is a site of an aggregate building, including the instant real estate, the right to collateral security was not established by the Yangyang Depository, and the said decision to voluntarily commence auction was not registered.
(C) On July 24, 2002, on the ground of successful bid on September 21, 2001, the Daeyang Fund provisionally attached the non-party F and G’s share out of the land in this case as Suwon District Court 2002Kadan19026, 19025, with the claim against non-party F and G as preserved claim. D. on November 18, 2004, with respect to shares 57.35/609.9 of the land in this case and G’s share 54,02/609.9 shares as of September 21, 2001, after the completion of each transfer of ownership to H on the ground of sale on June 15, 2004, the Plaintiff was registered as the administrator of the bankruptcy in this case as the non-party F and G’s share 36.82/609.9 of H’s share as the administrator of the bankruptcy in this case, and the Plaintiff was registered as the administrator of the right in this case as the non-party.
A) The instant land received dividends of KRW 44,021,937, 49,426,091, respectively, as the person holding a provisional attachment for F and G shares out of the instant land.