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1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit changed by this court, is as follows.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 24, 2005, the Defendant completed the registration of ownership transfer with respect to each of the lands listed in the separate sheet No. 1 (hereinafter “instant land”). Since then, on January 3, 2014, the Defendant completed the registration of ownership transfer with respect to the instant land as joint collateral, under Article 239 (1),1,10,000,000 won among the Seoul Central District Court’s Branch Registry, and the registration of creation of a neighboring mortgage with respect to the debtor, the Defendant, and the mortgagee-mortgage B (hereinafter “instant collateral security”), under Article 8669 (1) of the receipt of the same registry office on February 27, 2014, under Article 8669 (6,64,500,000 won with respect to the maximum debt amount, and the establishment of a neighboring mortgage with the debtor, the Defendant and the
B. Since then, B, based on the instant collateral security, proceeded with the voluntary auction procedure to Seoul Central District Court E (hereinafter “instant voluntary auction procedure”). The Plaintiff paid all proceeds of sale on October 14, 2016 after obtaining permission for sale in the said voluntary auction procedure. On October 21, 2016, the Plaintiff completed the registration of ownership transfer (hereinafter “instant ownership transfer registration”) with the Seoul Central District Court’s Branch Office No. 45295, which received by the Seoul Central District Court’s Branch Office.
다. 피고는 별지 1 목록 제1항 기재 부동산 중 별지 2 도면 표시 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 4, 5, 6, 7, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 16의 각 점을 순차로 연결한 선내 ㉮ 부분 511㎡ 지상 철근콘크리트, 견치석, 벽돌조 슬라브, 샌드위치판넬 및 스레트지붕 지하 2층, 지하 1층, 1층, 2층 기도원(이하 ‘이 사건 ㉮ 부분 건물’이라 한다), 37, 38, 39, 40, 41, 42, 37의 각 점을 순차로 연결한 선내 ㉯ 부분 4㎡ 지상 벽돌조 스레트지붕 1층 창고, 43, 27, 44, 45, 46, 47, 32, 43의 각 점을 순차로 연결한 선내 ㉰ 부분 80㎡ 지상 철골조 구조물 및 별지 1 목록 제2항 기재 부동산 중 별지 2 도면 표시 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 55의 각 점을 순차로 연결한 선내 ㉶ 부분 24㎡...