토지인도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Basic Facts
The transfer registration of ownership was completed on July 15, 1971 in the name of Sejong Special Self-Governing City E, Sejong Special Self-Governing City (hereinafter “instant land”) in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977; hereinafter “Special Assistance Act”) in the name of G on August 4, 1971. < Amended by Act No. 3094, Apr. 12, 1985>
C With respect to the instant land on October 11, 2010, the registration of the establishment of a mortgage was completed on September 13, 2010 by designating the maximum debt amount of KRW 400,000,000, the debtor C, the mortgagee C, the mortgagee C, and the sub-mortgage Construction Co., Ltd. on the ground of the contract on September 13, 2010. In other words, the registration of the establishment of a mortgage was completed on November 10, 2010 with the maximum debt amount of KRW 100,000,000,000 as the debtor C and the mortgagee of the right to collateral security.
The Suwon Construction Co., Ltd. filed an application for voluntary auction of the instant land on January 26, 201, and the registration of transfer of ownership was completed in the name of Suwon Construction Co., Ltd. on September 7, 2011 due to the sale of the instant land by voluntary auction on September 1, 2011.
As to the instant land, KRW 210,00,00 for the maximum debt amount on April 2, 2012; KRW 75,000,000 for the debtor Q, the mortgagee of the right to collateral security, R, and S; KRW 75,00,000 for the maximum debt amount on November 14, 2012; KRW 1,160,000 for the establishment registration of a neighboring mortgage; KRW 1,160,000 for the maximum debt amount on May 14, 2013; KRW 600,000,000 for the establishment registration of a new collateral security fund; and KRW 600,000 for the maximum debt amount on June 11, 2013; and KRW 75,000 for the establishment registration of a new collateral security company; and KRW 200,000 for the debtor Q, the sub-mortgage construction; and
On September 17, 2013, R and S apply for voluntary auction on the instant land.