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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. (1) Around August 2012, the Plaintiff entered into a construction contract with C to set the construction cost of KRW 4,300,000 as to the new construction of the building D (hereinafter “instant building”) at KRW 4,30,00,000, and completed the new construction work of the instant building around that time.
(2) On January 16, 2014, the Plaintiff filed an application for provisional injunction against the disposal of real estate with respect to the instant building as the right to claim the creation of mortgage under Article 666 of the Civil Act by the Jung-gu District Court Decision 2014Kahap23, the Plaintiff filed an application for provisional injunction against the said court on March 10, 2014, and completed the provisional injunction registration on the 13th of the same month.
(hereinafter referred to as the “registration of provisional disposition of this case”). B
(1) As between C and Defendants on September 26, 2013, Defendant A entered into a contract for sale in lots with KRW 525,00,000 for the sale price for 105 of the instant building (hereinafter “instant 105”), Defendant A paid KRW 262,50,000 to an international trust corporation, a trust company for fund management of the instant building, on September 26, 2013, and paid KRW 150,000 to C on May 19, 2014.
(2) On March 10, 2014, Defendant B entered into a sales contract with KRW 493,50,000 for the sale price for 203 units of the instant building (hereinafter “instant 203”), and paid KRW 252,00,000 to an international trust company on October 4, 2013 as the sale price, and paid KRW 12,50,000 for C on June 13, 2014, and paid KRW 239,50,000 for the sale price (including the mortgage creation cost, etc.) to C.
C. (1) On May 13, 2014, Defendant A completed the registration of ownership transfer as to the instant subparagraph 105, and thereafter, on June 12, 2014, the registration of provisional disposition was revoked.
(2) Meanwhile, on June 12, 2014, Defendant B registered the instant provisional disposition on the instant subparagraph 203.