Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The registration of the establishment of a neighboring mortgage on the instant site, etc. 1) the UNFCCC Development Co., Ltd. (hereinafter “UNFCCC Development”).
(1) On August 13, 2003, the Plaintiff (hereinafter “instant site”) owned on August 13, 2003, and seven parcels, including B, Busan-gu, Busan-do, 415.2 square meters, and 7.
As to the Defendant, the establishment registration of the first priority of the maximum debt amount of KRW 2,080,000 was completed (hereinafter “instant collateral security”).
2) On the instant site, the 15th floor neighborhood living facilities and multi-family housing (hereinafter “instant apartment”) composed of 102 units of household units were newly built on the instant site, and on February 23, 2006, the registration of preservation of ownership in the name of the UN academic development was completed for each of the instant apartment units upon the commission of the provisional attachment registration by the creditors of the UNFCCC Development.
3) C) Article 405 of the instant apartment complex from the UN academic development (hereinafter “instant exclusive ownership”).
(B) On September 11, 2007, purchased the instant section of exclusive ownership and completed the registration of creation of a collateral security with the Defendant as the mortgagee. (B) On August 18, 2008, a voluntary auction was commenced on the instant section of exclusive ownership upon the Defendant’s application, who is the mortgagee of the right to collateral security (Dasan District Court) and on May 20, 2009, a company Jeju Port Co., Ltd. purchased the instant section of exclusive ownership at the above auction procedure on May 20, 2009, and subsequently purchased the transfer system (hereinafter “the transfer system”) and completed the registration of ownership transfer on February 12, 2010.
2) Meanwhile, on March 5, 2009, at the request of the creditors of the United Nations Development, with respect to the share of 115.025/1,210.2 of the site of this case (goods 1) and the share of 92 households (goods 2 through 93) of each section for exclusive use of the apartment of this case, the total share of each of the above 2 through 93 sections for exclusive use of 92 households among the total share of the site of this case, 1210.2, in which the compulsory auction procedure has commenced, shall be 1095.175.025 of the remaining share (=115.025).