근저당권변경등기절차이행 등
1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a reconstruction association established for the purpose of removing the ground housing, etc. and constructing the 15th apartment housing and sales facilities (title of the building, H; hereinafter "the building of this case") with three parcels outside Yongsan-gu Seoul Metropolitan Government as a reconstruction project zone, and the plaintiff is the defendant's member.
B. Standard for settling the distribution and difference of commercial buildings, etc. to partners 1) The Defendant is a construction contractor construction company (hereinafter “large-scale construction”).
As a result, the Defendant provided the lender construction with the previous land and buildings owned by 56 members, and in return, received one apartment house per member (32 square meters, 25.7 square meters, 25.7 square meters), one commercial building (2 floor, 18 square meters), and the parking area for design from the lender construction without additional charges. However, in the event that the area of apartment, commercial building, etc. sold to the members exceeds or falls short of the above payment criteria, the Defendant entered into a contract to settle the difference at the general sale price for the relevant ordinary sale price. 2) After the 2) The area of commercial building sold to the members of the Defendant without additional charges was determined as KRW 17.02 square meters (56.24 square meters) and the general sale price for commercial building was determined as KRW 15 million per square year.
C. (1) The Plaintiff’s acquisition of ownership, etc.) No. 253 of the instant building (12.88 square meters, hereinafter “previous commercial building”) at a lottery conducted by the Defendant for its members.
) At the time, the instant building was allocated to the Plaintiff. However, at the time, 2039 (35.891 square meters, hereinafter “instant commercial building”).
(2) On July 6, 2007, the Plaintiff concluded that the Plaintiff would purchase the instant commercial building instead of the previous commercial building. Accordingly, on March 29, 201, the Plaintiff completed the registration of preservation of ownership as to the instant commercial building. On March 29, 2011, the amount of maximum debt KRW 283,065,000 = 18.