1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 2, 2003, registration of preservation of ownership was completed in the name of D Co., Ltd. (hereinafter “D”) with respect to each real estate listed in the separate sheet (hereinafter “instant apartment”).

B. D signed a pre-sale agreement with E on April 9, 2003 with respect to the apartment of this case, and completed the provisional registration of the right to claim ownership transfer.

C. On June 5, 2003, F and G acquired the E’s right to transfer ownership on the instant apartment, and completed the additional registration of the provisional registration of the right to claim ownership transfer (each one-half share), and G transferred 1/2 of the above right to claim ownership transfer of the instant apartment to H on December 2, 2005, and completed the additional registration of the provisional registration of the right to claim ownership transfer.

As to the portion of 1/2 of the instant apartment, F completed on December 2, 2005 the principal registration of transfer of ownership (hereinafter “instant principal registration”) based on the supplementary registration of the said provisional registration on December 2, 2005, and completed the registration of creation of a collateral security (hereinafter “mortgage registration of this case”) with the maximum debt amount of KRW 80 million due to the contract concluded on November 16, 2007, and the creation of a collateral security (hereinafter “mortgage registration of this case”).

E. On December 2, 2005, H completed the principal registration of ownership transfer based on the additional registration of the above provisional registration with respect to the shares of 1/2 of the instant apartment, and completed the registration of ownership transfer on September 6, 2013 to the Plaintiff on September 4, 2013.

F. On August 26, 2009, the payment order (Seoul Northern District Court 2009Da39588) ordering F to pay “15,008,780 won and damages for delay thereon” was finalized on August 26, 2009 by filing a lawsuit against F, and the decision of recommending settlement (Seoul Northern District Court 2016Da126873) ordering F to pay “60,000 won and damages for delay” was finalized on January 3, 2017 by filing a lawsuit seeking restitution of unjust enrichment.

The execution title of this case is combined with the above finalized payment order and the recommendation order for reconciliation.