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1. The Defendant shall either deliver to the Plaintiff KRW 19,808,223 and from January 1, 2013, the delivery date of KRW 188.8 square meters in Jung-gu Incheon Metropolitan City, Jung-gu, or the Plaintiff.
Reasons
1. Basic facts
A. B purchased from E on November 29, 1988 large 18.8 square meters in Jung-gu, Incheon (hereinafter “instant site”) and completed the registration of ownership transfer on August 11, 1989, and started construction of multi-household housing (multi-household housing in attached Table 1, 2, 3, 4, 5, and 6 are multi-household housing (multi-household housing in attached Table 1, 2, 3, 4, 5, and 6; hereinafter “multi-household housing in this case”) with a scale of 1st, 2nd, 2nd, 82.9 square meters in the ground, and 82.9 square meters in the building area, and the registration of ownership transfer on building ownership was completed, but no approval for use is obtained from the competent administrative agency or registration of ownership transfer was completed.
B. With respect to the instant site, before the commencement of the instant multi-household housing, F Co., Ltd. was designated as a creditor on February 17, 198, and the registration of establishment of a mortgage was completed on September 30, 198 and on September 20, 198. However, the Incheon District Court rendered a decision to voluntarily commence the auction on the basis of the registration of establishment of a mortgage on September 30, 198. The instant site was sold to H on December 19, 192, and H completed the registration of establishment of a mortgage on the same day, and H completed the registration of establishment under its name on February 23, 1993.
C. After that, regarding the instant site, the registration of the establishment of a neighboring mortgage was completed on March 30, 1993 with I as the creditor with the maximum debt amount of KRW 35,000,000. On September 2, 1995, K purchased the instant site in the above auction procedure and completed the registration of the transfer of ownership in its name on October 21, 1996.
On November 17, 1999, the Plaintiff purchased the instant site from K and completed the registration of ownership transfer in its name.
E. The instant multi-household housing is classified into six units with the same area (attached Form 1, 2, 3, 4, 5, and 6 real estate), and the Plaintiff is five units of the said six units of the Incheon District Court Decision 201Da6365, August 8, 2012.