건축허가명의변경절차이행 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff’s acquisition of the instant building permit is the owner of 70 square meters and E large 2,393 square meters (hereinafter “each of the instant lands”) in Daegu-gu, Daegu-gu, and obtained the building permit listed in the attached Table from the head of Daegu-gu, the head of the Gu (hereinafter “instant building permit”) on July 28, 2015, and the construction was suspended while the building was constructed on each of the instant lands (hereinafter “instant building”) on each of the instant lands according to the instant building permit.
B. On August 20, 2015, the Plaintiff and Defendant B prepared a loan certificate stating that “A loan of KRW 200 million shall be repaid until November 20, 2015, with the Plaintiff and the joint guarantor F,” and the Plaintiff completed the registration of creation of a mortgage on each of the instant lands in the future of Defendant B, with the maximum debt amount of KRW 220 million, the debtor, and the mortgagee, and the mortgagee as Defendant B. (2) On August 27, 2015, the Plaintiff and F completed the registration of creation of a mortgage on each of the instant lands in the future of Defendant B, with the content that “A loan of KRW 100 million shall be repaid by November 27, 2015, with the Plaintiff and the joint guarantor F, as the debtor and the joint guarantor, up to the maximum debt amount of KRW 100 million,000,0000,000,0000,000,000 on each of the instant lands in the future.”
3. On September 1, 2015, the Plaintiff and F had prepared a loan certificate stating that “a loan of KRW 150 million shall be repaid by November 11, 2015, with the Plaintiff and the joint guarantor F,” and on the same day, the Plaintiff completed the registration of creation of a neighboring mortgage with respect to each of the instant lands as G with the maximum debt amount of KRW 20 million, the debtor, the Plaintiff, and the mortgagee G with respect to each of the instant lands.
Meanwhile, on December 1, 2016, Defendant B acquired the above loan claims from G from G, and the registration of the establishment of a neighboring mortgage on each of the instant land on the ground of a final claim transfer.