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1. The defendant is against the plaintiffs:
A. 35.0 of the lands listed in the attached Table 2 list after removing the buildings listed in the attached Table 1 list.
Reasons
1. Basic facts
A. 1) Establishment of a collateral security on land D Co., Ltd. (hereinafter “D”).
) On October 21, 1996, the land listed in the annexed sheet 2 (hereinafter “the entire land of this case”) is deemed to be the entire land of this case.
(2) On October 196, 1996, D completed the registration of ownership transfer on the ground of sale on October 17, 1996. 2) D obtained a loan from E Co., Ltd. (the trade name was “F” at the time, and hereinafter “E Bank”) on October 19, 1996, and entered into a mortgage-backed contract on the entire land of this case. The Ulsan District Court’s receipt of Yangsan Branch Registry (3076) completed the registration of establishment of the right to collateral security, which was 15.6 billion won for the amount of maximum debt.
(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) B.
D 1) Since the establishment of the instant mortgage, D is a G apartment (20 floors) and G shopping (3 floors) building (hereinafter referred to as the “instant condominium building”) on the entire land of the instant case.
(2) D) on September 18, 1998, registered the ownership of the instant aggregate building.
However, the registration of site right on the above aggregate building at the time was not made.
C. The Defendant’s mother, as indicated in the [Attachment 1] List, to acquire the section for exclusive use by the Defendant and register the ownership of the land, and inheritance 1) The Defendant’s mother, H, shall be the building from D to the instant section
(B) On September 2, 1998, the Plaintiff purchased the instant aggregate building and completed the registration of ownership transfer on September 22, 1998. However, D at the time shares 35432/7192, which correspond to the ratio of the area of the instant exclusively owned part corresponding to the ratio of the area of the instant exclusively owned part concerning the instant entire land (hereinafter “instant land shares”).
On January 28, 2008, H did not complete the registration of a right to a site. 2) H completed the indication registration of land which is the object of a right to a site in the title section of the entire certificate of the matters to be registered in the instant section of exclusive ownership, and in the column of the right to a site in the registration of a right to a site.