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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. As of July 9, 2007, the Plaintiff entered into a sales promise with respect to the instant real estate owned by the Plaintiff [the balance of KRW 30 million in part payment of KRW 25 million in part payment of KRW 25 million in part payment [the balance of KRW 30 million in part payment of KRW 30 million in part payment of KRW 25 million in part payment of the instant real estate], and with respect to the purchase and sale promise with two months after the date of the completion of the contract (hereinafter “instant sales promise”), and received KRW 3 million in part payment from B on the same day, and on July 10, 2007, the Plaintiff completed the provisional registration on July 10, 2007 under the name of the Busan District Court (No. 17567, Jul. 10, 2007) as the receipt of KRW 17567, Jul. 9, 2007.
B. However, when B is delinquent in paying taxes including value-added tax 22,09,120 won, global income tax 43,013,590 won, the head of the tax office of the Jungsan District Court and the head of the tax office of the Kim Sea Tax Office under the jurisdiction of the Defendant seizes the right to claim the transfer registration of ownership of the instant real estate in accordance with B on September 20, 2012 and June 17, 2014, respectively, and completes the attachment registration [Attachment District Court No. 23988, Sep. 20, 2012] for the registration of attachment [Attachment District Court No. 23988, Sep. 20, 2012; Defendant (Disposition No. 2450, Jun. 17, 2014); and the registration of attachment [Attachment District Court No. 1751, Jun. 17, 2014].
C. On the other hand, on May 14, 2013, the Plaintiff filed a lawsuit against B against Busan District Court claiming that the provisional registration in the name of B was a registration of invalidation for which there was a false conspiracy with B, and that B did not give any answer, thereby winning a favorable judgment of Busan District Court on July 17, 2013 (No. 2013Gadan41178). The above judgment became final and conclusive on August 9, 2013.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings
2. The plaintiff's summary of the assertion is the case.