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(영문) 서울서부지방법원 2017.04.13 2016나33114
건물
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. The Defendants shall each be based on the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On May 24, 2011, L acquired the ownership of the Eunpyeong-gu Seoul Metropolitan Government J-121.7 square meters (hereinafter “instant land”) and of the annual mentor and sap roof of the area of 48.59 square meters on its ground (hereinafter “instant old building”).

B. L provided the above land and buildings as joint collateral on the same day, and completed the registration of the establishment of each of the establishment of a mortgage on each of the instant land (hereinafter referred to as “each of the instant collective security rights”) and the superficies establishment of a superficies with the duration of 30 years on each of the instant land to the Bora Saemaeul Saemaul Fund and the New Seo-gu Saemaeul Saemaul Fund.

C. After that, L transferred the ownership of the instant land to M on May 28, 2013 and changed the name of the owner on September 23, 2013 to M, while removing the instant building and carrying out the new construction of the real estate listed in the separate sheet (hereinafter “instant building”).

With respect to each of the instant claims on the instant land, the registration of cancellation of the right to collateral security on the ground of registration of cancellation of the right to collateral security on the instant building, which was a common collateral on May 28, 2013, was completed on May 28, 2013, and the registration of alteration of the right to collateral security was completed on May 28, 2013. As to each of the instant claims on the instant building established on the instant building, the registration of cancellation was completed on May 28, 2013 on the ground of partial waiver of the right to collateral security on the ground of the right to collateral security, which was registered on May 28, 2013.

E. Around December 2013, M transferred the instant building to K, changed the name of the owner on January 8, 2014, and K completed registration of initial ownership on March 7, 2014.

F. On the other hand, on February 27, 2014, the auction procedure for the instant land was commenced following the decision to voluntarily commence auction. On November 26, 2014, the Plaintiff and theO awarded a successful bid for each of the instant land 1/2 shares on the same day, and completed the registration of ownership transfer on the same day.

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