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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The land listed in the attached list No. 1 (hereinafter “instant land”) was originally owned by C. On April 16, 2014, the registration of ownership transfer was completed in the Plaintiff’s future. After the building listed in the attached list Nos. 2, 3, and 4 (hereinafter “instant building”) was newly constructed on the instant land and the instant land and the instant building were collectively referred to as “instant real estate”, registration of ownership preservation was completed in the Plaintiff’s future on May 22, 2014.
B. On June 17, 2014, the Plaintiff and the Defendant drafted a real estate sales contract (hereinafter “instant sales contract”) stating that the sales price for the instant real estate was KRW 440,000,000, and the date of payment was paid on June 19, 2014 in full. As a special agreement, the registration of ownership transfer was completed in the Defendant’s future as of June 20, 2014, under the Daegu District Court Port Branching Branching on June 17, 2014, which was issued on June 20, 2014 as follows: (a) the registration of ownership transfer was completed on the instant real estate as of June 20, 2014.
C. At the time of the registration of the transfer of ownership, the registration of the establishment of a neighboring mortgage (hereinafter “the registration of the establishment of a neighboring mortgage”) was completed as follows, but the registration of the establishment of a neighboring mortgage (hereinafter “the registration of the establishment of a neighboring mortgage”) was revoked on June 24, 2014 by Daegu District Court Branch Office (Seoul District Court Branch Branch Office) and revoked all of the registration.
The building of this case, which was established on April 16, 2014 by the Daegu District Court, Daegu District Court branching the debtor as the ground for receipt of real estate, of the maximum debt amount, KRW 252,00,000,000, which was established on April 16, 2014, the Daegu District Court Branching the Daegu District Court, Daegu District Court Branching on May 22, 2014, No. 29287, May 22, 2014, the additional contract was concluded on May 22, 2014, the Daegu District Court Branching the Daegu District Court, Daegu District Court Branching on May 22, 2014 (No. 252,00,000, the fishery cooperatives of this case and the Korea Fisheries Cooperatives of this case, which were established on May 222, 2014 [based on recognition], the building of this case, the evidence No. 1, 2, and 3-1 through 4, and the evidence No.6.