beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. NexexEX, Defendant Mine Construction Co., Ltd., Defendant Dymp Co., Ltd., Defendant Dymp, and Defendant DS system hold 1/10 shares of each of 425 shares in the ground condominiums on the surface surface (hereinafter “instant container”) No. 402-10 on the surface of Pyeongtaek-gun, Gyeonggi-do (hereinafter “instant container site”). Defendant Korea Tym Bank and Defendant Bymp Co., Ltd owns 3/10 and 1/10 shares in each of the instant container No. 429.
B. On July 7, 1989, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on the ground of sale and purchase on the instant container site. On February 17, 1990, the Plaintiff concluded a construction contract with Pung Forest Industry Co., Ltd. (hereinafter “Pung Industry”) to newly construct the instant container.
C. In order to secure the performance of the obligation for the construction cost of the above building, the Plaintiff completed the registration of the creation of the right to collateral security (hereinafter “mortgage 1”) No. 1 with the obligor, the Plaintiff, and the maximum debt amount of KRW 5.6 billion on December 11, 1990, and the registration of the establishment of the right to collateral security (hereinafter “mortgage 2”) with the obligor, the Defendant, and the maximum debt amount of KRW 2 billion on November 28, 1991, respectively.
On March 20, 1992, the instant container was completed, and on April 8, 1992, the Plaintiff made a registration of ownership preservation on the total of 185 sections of each Section of the instant container, and on each partitioned building registration record, the registration of ownership indication on the instant container site was completed to the effect that it is a site ownership in the registration record of the instant container site which is the object of the site ownership.
E. On April 4, 1992, in order to secure the obligation of construction cost between the winding industry, the Plaintiff has 185 separate sections which registered the right to a site (hereinafter below, referring to the sectional section which registered the right to a site).