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1. The Plaintiff:
A. Defendant A removed the real estate listed in [Attachment A] No. 1;
B. Defendant B shall list attached hereto.
Reasons
1. Facts of recognition;
A. After the registration of establishment of a collateral security right (hereinafter “mortgage”) was completed on September 4, 1993 with respect to the real estate listed in the [Attachment List Nos. 3 (hereinafter “instant land”), the registration of establishment of a collateral security right (hereinafter “mortgage”) was completed on September 4, 1993, and the registration of establishment of a collateral security right (hereinafter “mortgage”) was completed on July 25, 1994.
B. On January 10, 1994, E newly constructed an aggregate building on the ground of the instant land, and completed the construction of an aggregate building on December 1994, and then sold the above F-Ba section of exclusive ownership.
C. Defendant A acquired the real estate listed in the [Attachment List No. 1 (hereinafter “instant 302”) No. 1, which is the exclusive ownership of the above FF loan, by transfer, Defendant C is the lessee residing in the instant case No. 302, and Defendant B is the owner who acquired the real estate listed in the [Attachment List No. 2, which is the exclusive ownership of the above FF loan, prior to the transfer of the said real estate (hereinafter “instant 402”), and Defendant D is the lessee residing in the instant 402.
On the other hand, on February 16, 2015, the instant land was sold to the Plaintiff during the auction procedure for the sale of G real estate with the Changwon District Court, Masan Branch, which commenced with respect to the instant land based on the instant collateral security.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-8, 11, Gap evidence 3, 5, Eul evidence 1, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, Defendant A and Defendant B, the owner of the land of this case, removed each of the instant 302 and the instant 402, Defendant C and Defendant D withdraw each of the instant 302, and Defendant A and B jointly have a duty to deliver the instant land.
3. Determination as to Defendant A, B, and D’s assertion
A. Defendant A, B, and D (hereinafter “Defendant A, etc.”) first establish the instant right to collateral security.