지료청구
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. E borrowed KRW 1,530,00,000 from the Plaintiff during the period from October 25, 1984 to April 30, 1985, for the purpose of constructing an aggregate building on the land of Yongsan-gu Seoul Metropolitan Government 789.4 square meters (hereinafter “the instant land”) and F large 918 square meters (hereinafter “the instant land”).
E on April 30, 1985, on the land of this case Nos. 1 and 2 to secure the above loan debt, E completed the registration of creation of a mortgage (hereinafter “the instant mortgage”) with the maximum debt amount of 1,100,000,000, as well as the registration of creation of a mortgage (hereinafter “the instant mortgage”).
According to the Plaintiff’s repayment of some of the above loans, the Plaintiff cancelled the registration of the establishment of the remainder of the instant land except the registration of the establishment of the neighboring land No. 1 in sequence.
B. E, upon obtaining a building permit under its own name, continued the construction of the instant aggregate building, changed the name of the owner to D Co., Ltd. (hereinafter “D”) on April 17, 1985, and completed the registration of creation of superficies (hereinafter “the instant superficies”) with respect to the instant land Nos. 1 and 2 from March 20, 1985 to D on April 23, 1985.
C. The approval for use was made on August 19, 1986 for the instant aggregate building, and the registration for preservation of ownership was completed since it was divided by floors around December 8, 1986.
Since then, the registration of ownership transfer has been completed in order to the buyer who entered into a sales contract with D as to the section for exclusive use of the instant condominium, but the registration of site ownership was not completed in the process.
On the other hand, the land Nos. 1 and 2 of this case continues to be owned E from December 30, 1986, and the registration of ownership transfer for some shares was completed in sequence to the above buyer from December 30, 1986.
The Plaintiff’s right to collateral security of this case around December 24, 1992.