1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 18, 200, the Plaintiff entered into a pre-sale agreement with the Defendant on D 10,612 square meters of forest land owned by the Plaintiff (hereinafter “instant forest”). On the same day, on the same day, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) against the Defendant, including the official housing support of the Daejeon District Court Daejeon District Court.

나. 원고의 채권자인 윈윈쌍용제이차대부 유한회사는 2000. 11. 20. 춘천지방법원 강릉지원으로부터 이 사건 임야에 관한 가압류결정(2000카단5909)을 받아, 2000. 11. 22. 위 임야에 관한 가압류등기(대전지방법원 공주지원 등기계 제25474호)를 마쳤다.

다. 윈윈쌍용제이차대부 유한회사는 2010. 10. 7. 대전지방법원 공주지원으로부터 이 사건 임야에 관하여 위 가압류를 본압류로 이행하는 강제경매개시결정(E)을 받았다. 라.

The Defendant reported that the Plaintiff had a claim equivalent to KRW 71,819,178 ( principal KRW 30,00,000, interest KRW 41,819,178) against the Plaintiff as a person having the provisional registration right for security at the procedure of compulsory auction (hereinafter “instant auction procedure”) regarding the instant forest under the instant decision on compulsory commencement of auction. On February 4, 2013, the Defendant filed an application for purchase of the instant forest in the instant auction procedure in KRW 80,50,000 on the grounds of the reported claim, and filed a report on the payment of the difference between the sales price and the remaining sales price, excluding the amount that can be distributed on the date of distribution, based on the reported claim.

E. On February 8, 2013, a public order branch of the Daejeon District Court permitted the Defendant, who is the highest bidder, to sell the instant forest. Accordingly, the Defendant, on March 14, 2013, on the date of distribution pursuant to the instant auction procedure, paid an amount calculated by subtracting the amount to be paid by the Defendant from KRW 73,920,00 from the proceeds of sale of the instant forest at KRW 80,50,000, which is the date of distribution pursuant to the instant auction procedure, as the proceeds of sale, and sells the instant forest by compulsory auction on March 20, 2013 as machinery, such as public order branch of the Daejeon District Court.