근저당권말소
1. The intervention of the plaintiff co-litigation intervenor shall be dismissed.
2. The plaintiff's claim is dismissed.
3. The costs of the lawsuit;
1. Facts of recognition;
A. Registration of preservation of ownership was completed for the 18 households of sectionally owned buildings of Eunpyeong-gu Seoul Metropolitan Government D ground aggregate buildings by 1/8 shares in each of 8 units, such as E, F, G, H, I, J, K, and L.
B.1) On January 10, 2005, G drafted a written statement to the Defendant stating that “in case of failure to pay KRW 150 million by June 30, 2005, G shall waive 1/8 shares in the partitioned ownership building.” For the purpose of security, the Seoul Western District Court (Seoul Western District Court Decision 59622, Oct. 10, 2006; hereinafter “the provisional registration of this case”).
2) M purchased 1/8 of the above sectional ownership building from G on December 1, 2008 and completed the registration of ownership transfer on December 30, 2008. < Amended by Act No. 8201, Dec. 30, 2008>
3) Although M filed a lawsuit against the Defendant seeking the cancellation of the provisional registration of this case by Seoul Western District Court Decision 2009Kadan45279, M was dismissed on November 27, 2009. However, M brought a lawsuit against the Defendant seeking the acceptance of the principal registration procedure based on the provisional registration of this case as Seoul Western District Court Decision 2010Kadan58394, and the said lawsuit was concluded on December 7, 2010, the conciliation was concluded that “M will implement the principal registration procedure based on the provisional registration of this case to the Defendant for adjustment on December 7, 2010.”
5) On October 10, 2006, the Defendant completed the principal registration procedure as to the portion of 1/8 of the sectional ownership building 501 among the sectional ownership buildings 501, and on December 30, 2008, M’s registration of transfer of ownership was cancelled ex officio on December 31, 2010 due to the principal registration based on the provisional registration of this case. (C) On August 20, 2008, which was after the provisional registration of this case, KRW 150 million, the above amount of KRW 10,000,000,000,000 shall be the maximum debt amount, and the 12 households of the above sectional ownership building [Attachment 201, 201, 301, 401, 601, and 602 (attached Table 1; hereinafter “instant real estate”).