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1. The plaintiff's primary claim and the first and second conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff purchased the instant real estate on November 13, 2013 and completed the registration of ownership transfer under the Plaintiff’s name on January 16, 2014.
B. Defendant B (hereinafter “Defendant B”) completed the registration of ownership transfer of the instant real estate on September 11, 2014 for sale and purchase (hereinafter “instant sales and purchase contract”) as of the instant real estate on August 29, 2014.
C. On April 20, 2015, Defendant B sold the instant real estate to Defendant D Co., Ltd. (hereinafter “Defendant D”) (hereinafter “instant secondary sales contract”); on April 21, 2015, Defendant C entered into a mortgage agreement with Defendant C, which provides for KRW 1.5 billion with respect to the instant real estate (hereinafter “instant first mortgage agreement”); and on the same day, Defendant C completed the registration of establishment of the first collateral security agreement with Defendant C on the same day.
After that, on April 28, 2015, Defendant B completed the registration of ownership transfer of the instant real estate to Defendant D based on the instant second sale contract.
On July 30, 2015, Defendant D concluded a mortgage agreement with Defendant E (hereinafter “Defendant E”) with regard to the instant real estate as to the mortgage amount of KRW 500 million with Defendant D, mortgagee E, and maximum debt amount (hereinafter “instant second mortgage agreement”). On July 31, 2015, Defendant E completed the establishment registration of the instant second mortgage on July 31, 2015.
E. Meanwhile, from April 2, 2014 to September 4, 2014 after the Plaintiff acquired the instant real estate, the registration of provisional seizure (hereinafter collectively referred to as the “registration of provisional seizure”) under the decision of provisional seizure as follows was completed as to the instant real estate (However, provisional seizure by Nos. 11-F is limited to the real estate listed in attached Table No. 2 among the instant real estate) and the Defendant B’s title 1.