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All appeals filed by the Plaintiff and the Defendants are dismissed.
2. The costs of appeal shall be borne by each party.
3. The judgment of the court of first instance is ordered.
Reasons
1. Since June 30, 1965, N owned the land Nos. 1 and 2. On May 20, 198, N completed the registration of the establishment of a mortgage around the debtor, the maximum debt amount, 15,000,000 won with respect to each of the above land.
(1) At the time of the establishment of the above right to collateral security, N newly constructed the first building on land (the approval date of use: April 1, 198) and owned it.
(However, N was an unregistered building) . The N constructed a second building on the second land and obtained approval for use on November 24, 1990.
N died on July 16, 1995, and at the time of the death, there was Defendant C, D, E, and F (before the opening of name: G) who was the wife, Defendant B, H, son, and her wife, as her bereaved family member.
H completed the registration of ownership transfer on July 16, 1995 with respect to land Nos. 1 and 2 on December 28, 2007 due to the inheritance by consultation and division on July 16, 1995, and completed the registration of ownership transfer on land Nos. 1 and 2 in the name of QU on the same day, the registration of ownership transfer was completed on the land Nos. 1 and 2, with respect to the debtor H, the maximum debt amount
(2) On April 25, 2008, Defendant E and C obtained registration of preservation of ownership of the first building after consultation on the division of inherited property on April 25, 2008, and thereafter Defendant E became the sole owner of the first building by receiving 1/2 shares of the first building from Defendant C on April 1, 2009 and completing registration of transfer of shares.
After that, Qin Union applied for voluntary auction with the Jeju District Court R on the land Nos. 1 and 2 and rendered a decision to commence auction on June 25, 2009.
On April 23, 2010, the Plaintiff purchased land Nos. 1 and 2 in the above voluntary auction procedure and completed the registration of ownership transfer based on land Nos. 1 and 2 on May 6, 2010.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of whole pleadings
2. Claim for land and building Nos. 1 and 1 against Defendant E;
A. A building that is determined by social norms as to the cause of the claim cannot exist because it is not possible to leave the site.