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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 is the birth of deceased C (Death on November 18, 2004) who is the father of the defendant.
B. With respect to the real estate listed in the attached list No. 1 (hereinafter “instant land”), the registration of transfer of ownership in the name of the Defendant was completed due to the inheritance due to the agreement division as of January 22, 200, the registration of transfer of ownership in the name of the deceased C was completed due to the inheritance due to the division as of January 16, 199, and the inheritance due to the division as of November 18, 2004, which was held on September 21, 2004.
In addition, regarding the instant land, ① the maximum debt amount of January 27, 2001, KRW 27,000,000, and the establishment registration of a mortgage was completed in the name of the agricultural cooperative in the name of the debtor under the name of the non-party agricultural cooperative in the name of the debtor C. On December 13, 2002, the registration procedure was completed on December 13, 2002. ③ The registration procedure was completed on January 9, 2003, the maximum debt amount of KRW 44,20,000, and the establishment registration was completed in the name of the national bank in the name of the debtor C.
C. With respect to the real estate listed in the separate sheet No. 2 (hereinafter “instant building”), ① the registration of ownership transfer in the name of the deceased C on June 29, 2004, ② the registration of ownership transfer in the name of the defendant on September 18, 2004 due to the inheritance due to the consultation division as of November 18, 2004, ③ the maximum debt amount on June 29, 2004, ③ the registration of ownership transfer in the name of the national bank in the name of the debtor C was completed, respectively.
On November 22, 2005, the Plaintiff completed the provisional disposition registration on November 23, 2005 by receiving the right to claim the cancellation of the registration of ownership transfer as the preserved right. The Plaintiff completed the provisional disposition registration on November 22, 2005 by obtaining the order of prohibition of the provisional disposition on real estate disposal (2005Kadan1392).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 4 through 6 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion C is the Plaintiff, and the Plaintiff paid the Plaintiff a debt to the Nonghyup unit Co., Ltd on November 1, 2002 ( principal amounting to KRW 6 million and interest) and simultaneously paid the Plaintiff a full payment.