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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the following facts: (a) the Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”); and (b) the Defendants are residing in the instant real estate and possessed the real estate in light of the purport of the Plaintiff’s evidence No. 1 and all pleadings.
2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to deliver the instant real estate to the Plaintiff, except in extenuating circumstances.
3. The defendants' assertion and judgment
A. The Defendants asserted that the transfer registration of ownership in the name of the Plaintiff did not go through the procedure for settlement under the Provisional Registration Security Act, and thus, the Plaintiff cannot seek the transfer of this case as the Plaintiff did not acquire ownership until the settlement amount is paid.
B. The following facts are recognized in light of the respective descriptions of Gap evidence Nos. 1, 2, and 3 (including those with serial numbers) and the purport of the whole pleadings:
1) On February 28, 2013, D created a right to collateral security of KRW 156,00,000 with respect to the instant real estate between E and E, and if it is impossible to repay KRW 200,000,000 to the maximum debt amount of KRW 200,000,000,000, not to raise an objection in the performance of the right to collateral transfer registration under the name of E or E without D consent (hereinafter referred to as the “instant agreement”), and completed a registration of collateral creation with respect to the same maximum debt amount of KRW 20,00,000,000 in the title of E. The registration of collateral creation was cancelled on January 9, 2014, and completed again on January 10, 2014, D repaid the debt amount of KRW 100,000,000 in the title of E with the maximum debt amount of KRW 30,000,00,000 under its own name.
The East Sea Credit Union, which is a 3-mortgaged mortgage, applies for a voluntary auction to F of this Court.