beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
Basic Facts
The Plaintiff is one of the co-owners of the land listed in the attached Table No. 1 (hereinafter “instant land”). The Defendant is the owner of each of the buildings listed in the attached Table No. 2(a) through (d) (No. 301, No. 701, No. 1001, No. 1002, hereinafter “each of the instant buildings”) among the buildings constructed on the instant land.
On July 21, 201, prior to the construction of the instant apartment, the registration of creation of a neighboring mortgage (hereinafter “instant joint collateral mortgage”) that consists of the land in this case and the land in Ulsan-gu B and the building on its ground (hereinafter “existing building”) as joint collateral was completed with the maximum debt amount of KRW 1,755,00,000,000, the debtor H, the mortgagee of the right to collateral security (hereinafter “instant joint collateral mortgage”). At the time C and D jointly owned 1/2 shares of each of the instant land.
Since then, the building of this case was removed, and building permission was issued on September 26, 201 for the apartment of this case (18 households), and on November 26, 201, the sales contract for the apartment of this case was concluded on November 26, 201.
On July 22, 2013, the registration of preservation of ownership of the apartment of this case was completed in the name of C through a commission procedure based on a preservative measure (provisional attachment). As to each of the houses of this case without a site ownership registration, on August 5, 2013, the registration of joint creation of a mortgage was completed with regard to each of the houses of this case as joint collateral on the ground of additional contract on August 5, 2013.
Since then, on August 19, 2013 at the same time with respect to the instant land and the instant apartment, a voluntary decision to commence auction was rendered to Ulsan District Court E on August 19, 2013, and the Plaintiff, at the above auction procedure, paid the sales price after receiving a successful bid on July 20, 2015, and completed the registration of ownership transfer on August 19, 2015, and on October 13, 2015.