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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On March 18, 2015, the Plaintiff filed a claim for the return of construction price with Seosan Branch of Daejeon District Court 2013da10521, and was sentenced to the judgment of March 18, 2015, that “C shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from November 25, 2014 to the date of full payment.”
As a result, C filed an appeal with Daejeon District Court 2015Na102130, June 17, 2016, the said appellate court rendered a judgment that "C shall pay to the Plaintiff 62,963,445 won and 30 million won among them, from August 29, 2013, from April 25, 2014, from April 25, 2014, from November 25, 2014 to June 17, 2016, and from June 17, 2016, from the next day to June 2016, the said judgment was finalized on July 6, 2016."
C On September 7, 2015, between the Defendant and the Defendant, entered into a sales contract with the purchase price of KRW 180 million as to the real estate listed in the separate sheet (hereinafter “instant apartment”) as the only real estate owned by C (hereinafter “instant apartment”), and completed the registration of ownership transfer on October 23, 2015.
At the time of the conclusion of the instant sales contract, the establishment registration of the instant apartment was completed with respect to ① the National Bank of Korea, the debtor, the maximum debt amount of KRW 9,18 million on October 3, 201, ② the National Bank of Korea, the debtor C, the maximum debt amount of KRW 53,40 million on July 20, 201, ③ the establishment registration of the mortgage over the instant apartment, ③ the establishment of the mortgage over the mortgagee D, the debtor C, the maximum debt amount of KRW 15 million on October 19, 201, and ③ the establishment registration of the mortgage over the instant apartment.
(hereinafter) According to the sequence, the registration of the establishment of a neighboring mortgage of the instant case No. 3 was cancelled on September 7, 2015, and the registration of the establishment of a neighboring mortgage of the instant case No. 1 and 2 was cancelled on October 23, 2015.
【Ground of recognition” has no dispute, Gap's 1 to 3 evidence, and Eul's 1 number.