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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. The Plaintiff, through C’s brokerage, purchased 102 and 103 F-building Nos. 102 and 103 on the ground that C, while mediating the sale of the above commercial building, C prepared a letter of intent to return KRW 93,154,00 to D by June 30, 2010.
Accordingly, on June 26, 2012, the Plaintiff rendered a judgment that “C shall pay to the Plaintiff 93,154,000 won and interest rate of 20% per annum from December 3, 2011 to the date of full payment.”
C appealed against this, but the above appeal was dismissed, which became final and conclusive on April 13, 2013.
B. As to the instant real estate owned by C, on May 24, 2010, the provisional registration (hereinafter “instant provisional registration”) was completed on the grounds of the provisional registration on May 20, 2010 (hereinafter “instant pre-sale”). The provisional registration of the right to claim ownership transfer was completed on the grounds of the pre-sale agreement (hereinafter “the instant pre-sale agreement”). ② The provisional registration authority was registered as the Defendant on July 24, 2012 under Article 43537 of the receipt of the provisional registration as of July 24, 2012; and ③ the additional registration prior to the right to claim ownership transfer was completed on the grounds of the purchase and sale as of July 20, 2012; ③ the Defendant was registered on July 19, 2012 (hereinafter “instant pre-sale agreement”).
C.1) On the other hand, on the other hand, on the instant real estate before the principal registration of this case, on July 25, 2007, the registration of seizure (number 16), which is the head of Sung-nam branch office of the right holder, on October 11, 2010, the registration of seizure (number 32), which is the state of the right holder (right number 32), on June 22, 2011, the registration of provisional seizure (order 35), the registration of provisional seizure (Order 35), the registration of provisional seizure (Order 36) at Sung-nam branch office of the right holder on April 4, 201, and the registration of provisional seizure (Order 36) at Sung-nam branch office of the right holder.