소유권이전등기말소 등
1. Defendant D is based on sale and purchase on February 14, 2012 with respect to the real estate stated in the attached list to the Plaintiff.
1. Basic facts
A. Since around 1996, E awarded a contract to F Co., Ltd. (hereinafter “F”) for the new construction of real estate listed in the separate sheet (hereinafter “instant building”). Upon completion of the instant building, F completed the registration of initial ownership on January 27, 199.
B. On May 16, 2003, F and E agreed to F to set up a collateral security right to secure the payment claim against F, instead of transferring the ownership of the instant building to E.
On May 17, 2003, F completed the registration of ownership transfer under the name of Defendant D, the wife of E with respect to the instant building, and Defendant D completed the registration of ownership transfer under the name of Defendant D with respect to the instant building on the same day by the debtor F and the maximum debt amount of KRW 1.2 billion with respect to the instant building.
(hereinafter referred to as the "mortgage of this case") C.
On March 6, 2008, a supplementary registration of the transfer of the right to collateral security (hereinafter referred to as the "transfer registration of collateral security") was completed on March 4, 2008 in the name of G (H, a director of F) on the instant right to collateral security (hereinafter referred to as the "mortgage transfer registration").
G filed an application for voluntary auction of the instant building on March 12, 2008, and the Seoul Central District Court I rendered a decision of voluntary auction on March 13, 2008.
E. At the above auction procedure, Defendant B and C, the successful bidder, paid the successful bid price on July 16, 2012, and the registration of ownership transfer was completed in the name of Defendant B and C with respect to one half of each of the instant buildings as Seoul Central District Court No. 163503 on the same day.
F. On July 16, 2012, Defendant B and C concluded a mortgage agreement on the instant building with Defendant Han Bank Co., Ltd. (hereinafter “Defendant Han Bank”), and on the same day, Defendant Han Bank concluded a mortgage agreement with Defendant Han Bank as Seoul Central District Court No. 163517 regarding the instant building, etc., and Defendant C completed the registration of creation of a neighboring mortgage, each of which is KRW 1.235 billion with the maximum debt amount, under Article 163521 of the same court.
G. On the other hand, Defendant D.