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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the Plaintiff
Reasons
Basic Facts
A. On July 2, 2015, the Plaintiff filed a lawsuit against D Co., Ltd. (hereinafter referred to as “foreign hotel”) to demand the rent of construction materials (the Jeonju District Court 2015Kahap85) and rendered a judgment on July 2, 2015, that “the Plaintiff shall pay to the Plaintiff 73,496,40 won with interest of KRW 73,496,400, and interest rate of KRW 5% per annum from December 24, 2014 to July 2, 2015, and KRW 20% per annum from the next day to the day of full payment.” The said judgment became final and conclusive around that time.
B. On November 4, 2016, the Plaintiff issued a claim attachment and collection order (hereinafter “the instant collection order”) with the Jeju District Court 2016TTTTT No. 2016TB as to KRW 94,603,839 out of the sales price claim against the Defendants of the non-party hotel E and buildings (hereinafter “instant real estate”).
C. On the other hand, on the other hand, on June 27, 2014, F completed the registration of the right to claim the transfer of ownership based on the purchase and sale promise, and thereafter, on August 16, 2016, the foregoing right to claim the transfer of ownership was registered by a limited liability company (hereinafter “sub-backed loan”) upon transfer of F’s right to purchase and sale. On August 16, 2016, Defendant B Co., Ltd (hereinafter “Defendant Company”) completed the registration of transfer of ownership on the grounds of transfer of right on July 22, 2016. Defendant C, the representative director of the Defendant Company, the Defendant Company, completed the registration of transfer of ownership from the Defendant Company on September 30, 2016, part of the right to claim the transfer of ownership based on the transfer of right.
After that, on September 30, 2016, the Defendants completed the procedure for the principal registration of the above provisional registration on August 22, 2016 with respect to shares 2983/302 among the instant real property, while Defendant C completed the procedure for the principal registration of the said provisional registration on August 22, 2016 with respect to shares 19/3002.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 3 and 5 (including a provisional parcel number; hereinafter the same shall apply) and all pleadings.