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1. The plaintiff and the intervenor succeeding to the plaintiff's lawsuit against the defendant Han Bank and E company shall be dismissed.
2.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions of Gap evidence Nos. 1, 2, 12, 22, Eul evidence Nos. 1, 6, 18, 27, 30, Byung evidence Nos. 1 to 5 (including each number, if any) and the whole purport of the pleadings:
On October 23, 1978, the Plaintiff and Defendant D filed a divorce and a lawsuit for division of property against Defendant D with the Seoul Family Court on February 9, 2009 after gathering the house on February 9, 2009.
The Intervenor F is the father of Defendant D.
B. On October 29, 1986, Defendant D entered into a pre-sale agreement with Nonparty G on each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) owned by G on October 29, 1986, and completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”).
The pre-sale contract contains a statement that “The date of the completion of the purchase and sale of this pre-sale contract shall be November 29, 1986, and shall be deemed to have been completed as a matter of course, even if there is no declaration of intention to complete the sale and purchase,” and Article 3.2 shall be deemed to have been completed when the sale and purchase contract has been completed.”
C. Meanwhile, the Plaintiff completed the registration of ownership transfer on each of the land of this case as the receipt No. 24480 of June 22, 1989, which was based on sale and purchase on April 15, 1989.
As to each of the lands of this case, the registration of the establishment of joint creation of a mortgage for each of the lands of this case was completed as of May 26, 2009, under the Act No. 52917, which was received on May 26, 2009, with the maximum debt amount of one billion won, the Defendant Company, the mortgagee Company, and the Defendant Hana Bank, and the same registry office received on May 26, 2009, as of May 26, 2009, each joint creation of a mortgage for each of the joint creation of a mortgage for the Plaintiff
E. After filing the instant lawsuit, the Plaintiff succeeded to the Plaintiff.