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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. C’s acquisition of ownership of real estate listed in the separate sheet 1) the real estate listed in the separate sheet 1 (hereinafter “instant factory”).
On December 13, 2006, the compulsory auction procedure was initiated on December 13, 2006, and C and D (hereinafter referred to as “C, etc.”).
(2) Around April 25, 2007, prior to the acquisition of the instant factory, C et al. entered into an agreement with E et al. to pay a total of KRW 1.50 million to E et al. in order to raise the successful bid price for the instant factory under the name of C et al. on September 10, 2007. On the other hand, C et al. entered into an agreement with E et al. to pay KRW 1.50 million to E et al. on the condition that C et al. purchased the instant factory and its site and transferred it to E et al by June 30, 2007.
(B) According to the agreement dated April 25, 2007, C, etc. paid KRW 473,00,000, which is the proceeds of the factory of this case, as the collateral for the factory of this case, and the amount borrowed by providing the factory of this case. (B) E did not receive the ownership of the factory of this case from C, as E applied for a provisional disposition of prohibition of disposal of the factory of this case, E applied for provisional disposition on October 18, 2007 from the District Court of the Republic of Korea on April 25, 2007, upon receiving the provisional disposition order of prohibition of disposal against the right to claim ownership transfer registration on the ground of the transfer agreement as the right to preserve the factory of this case, E completed the provisional disposition registration on April 19, 209.
(2) On January 29, 2008, E filed a lawsuit against C on January 29, 2008 against the District Court Decision 2008Gahap990 on the instant factory, to implement the procedure for ownership transfer registration on the ground of the transfer agreement as of April 25, 2007, and to deliver the said factory.
However, the District Court on February 13, 2009.