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1. Plaintiff A; Defendant A’s genuine industry development amounting to KRW 11,131,300; Defendant C’s KRW 5,986,850; and Defendant D’s KRW 8,710.
Reasons
1. Facts of recognition;
A. On September 26, 2002, the non-party G, the owner of the instant land and the instant building, Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, (hereinafter “instant land”) and the instant building, as a joint collateral, provided the bank with the instant land and the instant building as a joint collateral, and completed the registration of the establishment of a neighboring building in the name of the said bank. On October 2002, the said building was removed.
B. On July 12, 2003, Nonparty H purchased the instant land from G and completed the registration of ownership transfer in its own name on August 13, 2003, and started to build a multi-household house with the fourth floor on the above site.
C. On December 14, 2004, with respect to the land of this case, the auction procedure of real estate rent was conducted as I in this court on the basis of the above collateral security on December 14, 2004, and the plaintiffs completed the registration of transfer of ownership in the name of the plaintiffs on October 4, 2005 upon the bid of the land of this case with 1/2 shares on August 31, 2005.
H completed the multi-household housing of the fourth floor above (hereinafter “instant building”) on August 25, 2005 on the instant land, and completed the registration of ownership preservation in one’s own name as to Nos. 101, 201, 202, 301, 302, and 401 of the third floor above.
After that, Defendant D completed the registration of ownership transfer on October 10, 2005 on the housing No. 302 of the third floor on October 4, 2005 on the ground of sale as of October 4, 2005, and Defendant E completed the registration of ownership transfer on the housing No. 401 of the fourth floor on October 4, 2005 on the ground of sale as of October 4, 2005.
E. The plaintiffs asserted that although the above H, defendant D, and E did not possess possessory power over the land of this case, they owned the building of this case, they owned the land of this case. On August 1, 2006, the above court filed a lawsuit for land transfer and others. On December 5, 2007, the court removed No. 101, No. 201, No. 202, No. 301 of the second floor, No. 302 of the building of this case, No. 302 of the third floor, and Defendant E removed the above No. 401 of the fourth floor.