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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. On July 14, 2016, the Defendant, a credit business company, leased KRW 154,50,000 to C on August 13, 2016 at the maturity rate of KRW 2.3% per month. The amount of credit as of June 5, 2017 is KRW 192,647,976 ( principal interest of KRW 154,50,000) ( KRW 38,147,976).
B. On July 14, 2016, C completed the registration of the right to claim transfer of ownership on each real estate listed in the separate sheet (hereinafter “instant real estate”) that was owned by C as of July 14, 2016 in order to secure the above loan claim.
C. On March 12, 2015, the registration of seizure was completed under the name of the Republic of Korea on February 16, 2016, when the establishment registration of the instant real estate was completed, which is the creditor D, debtor C, the maximum debt amount of KRW 828,00,000 (the actual loan principal of KRW 690,000,000,000, the market price as of February 6, 2015).
After that, the Defendant completed the principal registration based on the above provisional registration on the ground of sale on June 5, 2017 (after that, the instant real estate was disposed of to a third party on September 22, 2017), paid KRW 709,506,917 to D Co., Ltd. in the process, and revoked the registration of the establishment of the instant real estate, and paid KRW 79,422,330 in lieu of C’s delinquent taxes related to the instant real estate.
E. E paid KRW 30,00,000 and occupied the instant real estate by leasing it, and made a move-in report and business registration on March 201, and F paid KRW 150,000 to lease the instant real estate and used it as a commercial building on August 4, 2015.
F. As of July 12, 2017, the Plaintiff has C with a claim of KRW 132,245,080 as of July 12, 2017.
[Reasons for Recognition: Facts without dispute, Gap 1 through 6, Eul 1 through 17, the purport of the whole pleadings]
2. Whether the Act on Provisional Registration Security, etc. is applied
A. The plaintiff's assertion is the cause of the claim in this case, and provisional registration security at the time the defendant acquired the real estate in this case.