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(영문) 서울중앙지방법원 2019.04.04 2018가합527355

소유권이전등기

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1. The Defendant: (a) on January 4, 2018, with respect to the land size of 2027 square meters in Sungsung City Co., Ltd., the Defendant is the first floor D, and the first floor in Sungsung-si, 2018.

Reasons

Basic Facts

K 203

6. On December 26, 201, the title registration was completed by purchasing the instant site C (hereinafter “instant site”) and completing the registration of transfer of ownership. In addition, the instant site was newly built with seven units of aggregate buildings having the first floor and the first floor of the ground, including D, E, F,Gho, H, I, and Jho (hereinafter “instant aggregate buildings”) on the ground, and completed each registration of ownership preservation on December 26, 201 by making K’s co-ownership share 60/100, L’s co-ownership share 40/100, and L’s co-ownership share 40/100. However, the right to a site registration on the instant site was not completed.

As to the instant site, the Defendant entered into a security trust agreement with K and K, K, L, and each of the instant units (hereinafter “each of the instant units of security trust agreement”) providing each period of trust to “from January 18, 2012 to the expiration of the claims of the priority beneficiary”)” and completed the registration of ownership transfer on January 18, 2012 on the ground of trust as to the instant units of land and each of each units of the units of this case.

The Defendant issued the certificate of preferential right of 5.85 billion won to M Co., Ltd., a priority beneficiary, in accordance with each of the instant collateral trust contracts.

On January 12, 2015 and January 15, 2015 on the grounds of the Defendant’s delinquency in tax payment, the Sung-si completed the registration of seizure on each of the instant sites on September 30, 2016.

After that, on February 28, 2017, the Korea Asset Corporation entrusted the public auction of each of the units of this case from the Sungsung City, issued a public auction notification and continued the public auction procedure (hereinafter “instant public auction procedure”), and on December 4, 2017, notified the Plaintiff of the decision on the sale.

Among the appraisal reports of N Co., Ltd. on each of the units of this case, the "appraisal assessment basis and decision-making opinion" include the following contents:

I. Summary of the appraisal;

6. Appraisal method (2) Evaluation of a sectioned building: pursuant to Article 16 of the Rules on Appraisal and Evaluation.