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1. The Defendant: KRW 20,742,614 for the Plaintiff and KRW 5% per annum from September 19, 2016 to November 2, 2016; and
Reasons
1. Facts of recognition;
A. C’s multi-household housing 1) A around April 2001, the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) (hereinafter “head of Seodaemun-gu”).
2) The land of this case (hereinafter referred to as the “instant land”) owned by the owner of the land in Seodaemun-gu Seoul Metropolitan Government
(2) Around July 2001, C filed an application with the head of Seodaemun-gu for a new construction permit to build a 4-story multi-household (5 households, 201, 101, 202, 301, 302, and 401) in the 4-story multi-household house (5 households, 6 households, 202, 301, 201, 302, and 401), and obtained a modified license on July 27, 2001.
3) around September 2001, C is a multi-household house with the fourth floor on the instant land (hereinafter “multi-household house in this case”).
(2) On July 23, 2002, as to the instant land, a new construction was completed, and unlike the construction permit, the head of Seodaemun-gu did not obtain approval for use from the head of Seodaemun-gu on the wind of extension of section 101 for exclusive use without permission, and was not registered on the aggregate building ledger. (2) On July 23, 2002, C entered into a mortgage agreement with the Saemaul Treasury of the Republic of Korea and the mortgagee of the instant land, and completed the registration of the establishment of a mortgage on July 24, 2002.
2) On December 1, 2003, C entered into a mortgage agreement with the Shee Saemaul Depository and the land of this case as a mortgagee, D, the debtor C, the maximum debt amount of 28,000,000 won, and completed the registration of the establishment of a mortgage on December 1, 2003. 3) On October 13, 2005, C, upon the application of E, the creditor, the compulsory auction procedure for the land of this case was commenced (Seoul Western District CourtF), and on January 2, 2006, the voluntary auction procedure for the land of this case was commenced on January 2, 2006 upon the application of the Shee Saemaul Depository, the mortgagee, a right to collateral security.
(Seoul Western District Court G). This case’s land is subject to inspection of the current status of auction items specifications, appraisal reports, etc. prepared at the above auction procedure.