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1. Revocation of the first instance judgment.
2. The defendant shall set up against the plaintiffs a ground parking lot on the land listed in the annexed Table 1.
Reasons
1. Basic facts
A. On October 24, 2003, the Defendant concluded a construction contract with regard to the construction of Heal Construction Co., Ltd. (hereinafter “ Heal Construction”) and the road and parking lot packing work in the apartment complex (hereinafter “instant construction”) on the land indicated in the “site” list (hereinafter “instant apartment site”) on the ground of the attached Table 1 (hereinafter “instant apartment site”) from October 24, 2003 to December 31, 2003, with regard to the construction contract with the amount of KRW 410,00,000,000 and the construction period from October 24, 2003 to December 31, 2003.
B. On May 1, 2004, the Defendant issued a letter of permission for the possession of the construction site including the parking lot in the apartment complex of this case to the construction contractor who completed the said construction, and to the construction contractor who did not pay the construction cost.
C. After that, the Defendant applied for a payment order for the payment of the construction cost as Busan District Court Decision 2006Da15471 with respect to Heal Construction, and received a payment order for the amount of KRW 410,000,000 from the above court on May 26, 2006 and the delayed payment order was finalized around that time.
National Bank Co., Ltd. (hereinafter “National Bank”) filed an application for voluntary auction on August 11, 2006 with respect to the instant apartment Nos. 107, 807, and 107.
On November 18, 2010, the Ulsan District Court rendered a voluntary decision to commence the auction (Ulsan District Court G) against the above 807 on November 18, 2010, H acquired ownership in the above auction procedure, and the Plaintiff A completed the registration of ownership transfer on December 28, 2012 with respect to the above 107 Dong 807 on December 28, 2012.
In addition, the National Bank applied for a voluntary auction on August 11, 2006 with respect to the apartment of this case 101 Dong 1302, and on November 10, 2010, Plaintiff B applied for a voluntary auction on the basis of the right to collateral security (Ulsan District Court I).