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1. The Defendant issued the Ulsan-gun District Court No. 7682, Jan. 24, 2014 with respect to Ulsan-gun Co., Ltd. 880 square meters to the Plaintiff.
Reasons
1. Basic facts
A. On June 10, 1993, the Plaintiff completed the registration of ownership transfer on the ground of inheritance by agreement division on August 8, 1978 with respect to the Ulsan-gun, Ulsan-gun, Ulsan-gun, 880 square meters (the D 711 square meters was merged on September 11, 2012; hereinafter “instant land”).
B. On November 5, 2010, E, etc. entered into a sales contract of KRW 190,00,000 for the purchase price for G, H, and I land (area 500 square meters) (hereinafter “instant sales contract”) with the Defendant and one other. The terms and conditions of the instant sales contract include the following: “children’s usual numbers shall be increased (4M) after the construction of the road.”
C. 1) On January 24, 2014, the Plaintiff: (a) registered the creation of a mortgage (hereinafter “registration of the creation of a mortgage”) in the vicinity of KRW 20,000,000 on the instant land with the Ulsan District Court No. 7682, Jan. 24, 2014; and (b) registered the creation of a mortgage (hereinafter “mortgage 1”) on the instant land to E; and (c) the said mortgage is “mortgage 1”.
(2) On March 1, 2014, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage”) around KRW 10,000,000 on April 10, 2014, and the said mortgage was registered to the Defendant on March 3, 2014. In addition, on April 15, 2014, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage of this case”) with the establishment of a mortgage of KRW 10,00,000 on the basis of a mortgage contract (hereinafter “the establishment of a mortgage of this case”).
1) The Defendant, on August 17, 201, completed the registration of ownership transfer with respect to the area of 1,603 square meters prior to G, and on March 28, 201, with respect to the area of 73 square meters in H forest and 106 square meters in the name of each Defendant. 2) On April 10, 2014, the Defendant agreed to cancel the registration of ownership transfer with respect to the establishment of the instant 1, 200 square meters in the name of the Defendant on April 10, 2014 with respect to the instant 1, 200 square meters in the instant case, “The instant 1, 200 square meters in the form of