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1. The Plaintiff (Counterclaim Defendant) delivered each building listed in the separate sheet Nos. 2 to the Defendant (Counterclaim Plaintiff).
2...
Reasons
1. Basic facts
A. The existing ownership relationship between each real estate listed in the separate sheet No. 1) B is the land listed in the separate sheet No. 1 (hereinafter “instant land”).
2) On the ground, the building listed in [Attachment 2-13] Nos. 2-13 (the main complex building of the fifth floor above the ground; hereinafter “instant building”) and the “each of the instant real estate” in cases where the instant land and the instant building are collectively referred to.
(2) On June 18, 2014, C, etc. sold each of the instant real estate to D on May 22, 2015 while carrying out a new construction project.
D continued the construction of a new building after completing the registration of ownership transfer on the instant land on May 26, 2015. At the time of the completion of the construction, D’s registration of ownership transfer was completed in the name of D as to the instant building on July 16, 2015 upon receipt of a decision of provisional seizure by this Court 2015Kadan2807 on July 14, 2015.
B. Around May 2015, the Defendant lent D totaling KRW 1,150,00,000 as a new construction fund of a building. (2) The Defendant completed the registration of the establishment of a mortgage on the instant land on May 26, 2015 due to a contract establishing the same day with respect to the instant land, the maximum debt amount of KRW 945,00,000,000, and the debtor D’s establishment of a mortgage on the instant building on July 16, 2015. As seen above, the registration of the preservation of ownership in D’s name was completed as to the instant building on July 16, 2015, due to the additional contract concluded on July 14, 2015.
3. In addition, on July 24, 2015, the Defendant additionally completed the registration of creation of a mortgage on each of the instant real property, based on the contract concluded as of July 23, 2015, the maximum debt amount of KRW 800,000,000, and the debtor D’s establishment of a mortgage.
C. The Defendant, upon the commencement of the voluntary auction, failed to repay the above loans, to each of the instant real estate on December 7, 2015.