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1. The defendant shall remove the real estate stated in attached list 2 to the plaintiff.
2. The plaintiff's remaining claims.
Reasons
1. Basic facts [The grounds for recognition: Facts without any dispute, Gap's evidence 1 through 3, Gap's evidence, 5, 6, 9, 14, Eul's evidence 1 through 3, Eul's evidence 5 (including all of the evidence with a serial number), the purport of all the pleadings];
A. The content of the registry of the instant land 1) The real estate listed in paragraph (1) of the attached Table 1 (hereinafter “instant land”).
On April 17, 1985, the joint owner's share transfer registration (number 12) was completed in the name of C on April 17, 1985 with respect to 1/20 of the co-owner's share, and the joint collateral transfer registration was completed on October 25, 1996 with respect to the whole C share (1/20), and the establishment registration of collateral security was completed on October 25, 1996 with respect to the whole C share (the above C share and 203 building on the instant land was completed with the joint collateral registration of collateral security, which was each registered on June 22, 1998.
2) After that, an aggregate building was newly constructed on the ground of this case, the registration of the entire site right (number 31) except D and E shares on June 19, 198 was completed, and the partial transfer registration of co-ownership was made pursuant to each section of exclusive ownership. Of the land of this case, the registration of partial transfer of co-ownership was completed on July 29, 1998 under the name of C (number 37), under the name of F (number 39), on December 31, 1998, under the name of G (number 40), on December 31, 1998, and on May 15, 2002, part of co-ownership was registered under the name of the Defendant (number 444).
3. After that, on May 24, 2004, the Plaintiff acquired the ownership of the instant housing site shares in the name of the Plaintiff on June 9, 2004, by fully paying the successful bid price in the auction procedure of real estate auction conducted with respect to the instant housing site shares as Dong Branch Branch H of the Seoul District Court for the application of the Kyang Soil and Livestock Cooperatives. The Plaintiff acquired the ownership of the instant housing site shares in the name of the Plaintiff on June 9, 2004.