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1. The defendant shall be the plaintiff.
(a) KRW 6,330,766 and for this, 5% per annum from April 6, 2017 to September 21, 2017;
Reasons
1. Facts of recognition;
A. C and D completed the registration of ownership transfer on the ground of sale on September 8, 2000 with respect to the instant land on December 1, 200, and shared the said land.
B. On Jun. 21, 2002, Dae Construction Co., Ltd. completed the registration of ownership transfer on the ground of sale and purchase on February 28, 2002 with respect to the instant land on June 21, 2002, and completed the registration of creation of a collateral security (hereinafter “mortgage”) with respect to the said land with the obligor’s company and the maximum debt amount of KRW 7.5 billion.
C. Meanwhile, registration of preservation of ownership was completed on November 5, 2004 without obtaining approval for use from the competent authority with respect to the commercial building under the name of E commercial building located on the ground of the instant land. On March 22, 2005, approval for use of the said commercial building was granted on March 28, 2005, and on March 28, 2005, registration of preservation of ownership with the name of the building as F building and registration of the site ownership for the purpose of the instant land was completed. Since then, the instant commercial building was changed to G on May 23, 2015, and the total floor area of the said commercial building was 11,319.65 square meters.
C, based on the instant right to collateral security, filed an application for voluntary auction with Suwon District Court H on the instant land, and accordingly, on August 24, 2004, the real estate auction procedure commenced on the same date. In the above auction procedure on December 2, 2005, the registration of the right to the instant commercial building was completely cancelled ex officio, and on January 8, 2007, the Plaintiff completed the registration of ownership transfer on the said land due to the sale by voluntary auction on January 2, 2007.
E. On March 30, 2015, the Defendant completed the registration of ownership transfer for each building listed in the separate sheet (hereinafter “each of the instant buildings”) among the instant commercial buildings on March 30, 2015, based on sale and purchase on March 2, 2015, and as to each of the instant buildings listed in the separate sheet Nos. 3 among the respective buildings, Co., Ltd. on January 26, 2017.