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1. The defendant shall be the plaintiff.
(a) remove each building listed in Schedule 2 and 3;
(b) Appendix 1.
Reasons
1. Basic facts
A. On June 16, 201, the Plaintiff completed the registration of ownership transfer with respect to D/102 square meters of land for a factory in Incheon-si (hereinafter “D land before division”).
B. On June 2015, the Plaintiff sold D land, etc. before subdivision to the Defendant, and completed the registration of ownership transfer on D land before subdivision on June 18, 2015 due to sale on June 15, 2015.
(hereinafter referred to as the “instant contract”) C.
Around December 2016, the Defendant divided the land listed in attached Table 1 from D before subdivision, and acquired ownership by constructing buildings listed in attached Table 2 around December 2016 and buildings listed in attached Table 3 around January 2017.
On December 13, 2016, the Defendant obtained a loan from E Union, and completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) with respect to the land, etc. listed in the attached list No. 34905, Cheongju District Court’s receipt of support from Cheongju District Court on December 13, 2016, which was 84,000,000, for the establishment of a mortgage (hereinafter “registration of creation of a mortgage of this case”).
As of February 18, 2019, the secured debt of the above-mortgage 66,310,00 won with interest of 1,266,553 won with interest rate of 67,576,553 won, and the interest rate of 2% per annum.
E. On November 29, 2017, the Plaintiff filed a lawsuit against the Defendant seeking cancellation of the ownership transfer registration for the land, etc. listed in attached Table 1 on the ground that he/she rescinded the instant contract due to the Defendant’s default (payment delay) and received a favorable judgment on November 29, 2017 (Cheongju District Court Decision 2017Da20278), and the said judgment became final and conclusive on September 29, 2018 through the appellate court.
F. Based on the above final judgment, on October 12, 2018, the title of the Defendant as to the land listed in the Attached List No. 1, 2018
1.(b)
The registration of transfer of ownership in the subsection has been cancelled, and accordingly the nominal owner of the land listed in paragraph (1) of the present Schedule shall be the same.
1.(a)
As described in this paragraph, the plaintiff is the plaintiff.