소유권이전등기 등 이행 청구의 소
1. Of the instant lawsuit, the part of the claim against the remaining Defendants, excluding Defendant B and Defendant C.
1. Basic facts
A. The registration of ownership transfer was completed on September 10, 191 with respect to each real estate listed in the separate sheet Nos. 1 through 19 on August 27, 2007 with respect to each real estate listed in the separate sheet No. 20 to 25 on August 27, 2007.
B. On April 27, 2007, Defendant D Co., Ltd. (hereinafter “D”) paid 14 lots of real estate (as indicated in the attached Table No. 1, 2, 5, 8, 11, and 22 “sale area” in the real estate list No. 15, 19, 23, and 25) among each real estate as indicated in the attached Table No. 120,000,00 won (as indicated in the attached Table No. 12,00,000,000 won for contract deposit, intermediate payment of KRW 36,00,000,000 for intermediate payment of KRW 30,00,000 for intermediate payment of KRW 12,00,000,00 for intermediate payment of KRW 70,000 for intermediate payment of KRW 30,000 for each real estate and the intermediate payment of KRW 30,000,00 for the remainder payment of the contract deposit).
Meanwhile, Article 10(5) of the instant arrangement provides that “The right to collateral security established in addition to the project site and the site for public facilities shall be terminated when the transfer of ownership, such as land transaction permission, is possible.”
C. Accordingly, on May 31, 2007, Defendant B and X completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) consisting of the maximum debt amount of Defendant D, 105,000,000,000 with respect to the whole of each real estate indicated in the separate sheet with Defendant D on the same day, and Defendant D is the Defendant Co., Ltd. on May 31, 2007.