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1. The Plaintiff:
A. Defendant A shall have the 33.058 square meters of a building with an unauthorized brick structure on the ground of Eunpyeong-gu Seoul Metropolitan Government D 364 square meters.
Reasons
1. Basic facts
A. On April 23, 2008, the Plaintiff leased KRW 100,000,000 to Defendant A, and provided the Defendant-owned share of KRW 295/364 square meters in Eunpyeong-gu Seoul (hereinafter “instant land”) and 33.058 square meters in the building without permission on the above ground (hereinafter “instant building”).
B. Accordingly, the Plaintiff set up the right to collateral security of KRW 130,000,000 with the maximum debt amount received on April 24, 2008, No. 28528, which was received on April 24, 2008, among the instant land owned by Defendant A.
C. However, since the instant building could not be established on the ground that it was an unauthorized building, Defendant A, on the date of the instant agreement, prepared a certificate of transfer of an unregistered building that transferred the instant building to the Plaintiff for the purpose of collateral security, with the purport that, on the date of the instant agreement, Defendant A: (a) completed the preservation registration at an early date; (b) provided additional collateral upon the Plaintiff’s request for removal or order due to the Plaintiff’s claim preservation or exercise of collateral security; and (c) if ownership is transferred by auction due to nonperformance, etc., he would give up all the rights to the said unregistered building.
(hereinafter “instant agreement”). D.
On November 11, 2009, the Plaintiff lent KRW 30,000,00 to Defendant A, and additionally set the collateral security amount of KRW 39,00,000 to the share of the instant land owned by Defendant A, as the receipt of No. 58828, Nov. 12, 2009, the Seoul Western District Court set the collateral security amount of KRW 39,000,000 for the maximum debt amount.
As Defendant A acquired the ownership of all remaining shares of the instant land on May 2, 2011, the Plaintiff loaned KRW 70,000,000 to Defendant A on May 11, 201, and additionally granted a maximum amount of KRW 91,00,000 to Defendant A on May 11, 2011 as the receipt of KRW 25410 on May 11, 201 by the same registry office for the entire land of the instant case.