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1. The defendant shall be the plaintiff.
(a) KRW 14,846,50 and for this, KRW 5% per annum from July 30, 2016 to February 6, 2017.
Reasons
Facts of recognition
A. The Plaintiff is one of the co-owners of the land listed in the attached Table No. 1 of the List of Real Estate (hereinafter “instant land”).
The Defendant is the owner of each of the buildings listed in paragraphs (a) through (d) of the annexed Table 2 of the List of Real Estate (Nos. 301, 701, 1001, 1002, hereinafter collectively referred to as the “each of the buildings of this case”) among the condominium buildings of the 10th floor above the ground constructed on the instant land (hereinafter referred to as “the apartment buildings of this case”).
B. On July 21, 201, prior to the construction of the instant apartment, on July 21, 201, the registration of creation of a neighboring mortgage in the amount of KRW 1,755,000 (hereinafter “instant joint collateral mortgage”) was completed by using the instant land and the land and the land and the building on the land Nam-gu, Ulsan-gu and its ground as a joint collateral. At the time, C and D jointly owned one-half shares of each of the instant land.
C. Since then, the existing ground buildings were removed, and on September 26, 201, a building permit (a apartment, 18 households) for the apartment of this case was issued, and on November 26, 2011, the sales contract for each apartment of this case was concluded.
On July 22, 2013, the registration of preservation of the building of this case was completed in the name of the former owner C through a commission procedure based on a preservative measure (provisional attachment). After the registration of site ownership, each of the houses of this case was completed on August 5, 2013 on the ground of additional contract.
E. Since then, the decision to commence voluntary auction was rendered on August 19, 2013 with regard to the instant land and the instant apartment at the same time on August 19, 2013.
In the above auction procedure, the Plaintiff was awarded the instant land on July 20, 2015 and paid in full the proceeds from the sale on the same day, and completed the registration of ownership transfer on August 19, 2015. At present, the Plaintiff transferred part of the shares of the instant apartment to some of the owners of other households for the purpose of site ownership.
On the other hand, the defendant is involved in the above auction procedure.