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(영문) 의정부지방법원고양지원 2011.07.21 2010가단30754

소유권말소등기 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 28, 2002, Defendant B completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff on August 28, 2002 (hereinafter “instant registration of ownership transfer”).

B. On July 25, 2006, Defendant C completed the registration of ownership transfer on the instant real estate from Defendant B for sale on July 13, 2006.

C. On August 28, 2008, Defendant Woori Bank Co., Ltd. (hereinafter “Defendant bank”) completed the registration of creation of a mortgage against Defendant C, the maximum debt amount of KRW 54 million due to the contract establishing the instant real estate from Defendant C on the same day, and the debtor C’s establishment of a mortgage.

[Ground for recognition] Unsatisfy

2. The plaintiff's assertion and judgment as to the plaintiff

A. Although the Plaintiff alleged to be the Plaintiff did not sell the instant real estate to Defendant B, D, by deceiving the Plaintiff, forging documents, etc., completed the registration of ownership transfer in the name of Defendant B without any cause. Even if not, since the instant real estate sales contract between the Plaintiff and the Defendant B is a transfer for security, its substance is a transfer for security contract, and thus, it did not undergo liquidation procedures as prescribed by the Provisional Registration Security Act.

Therefore, the registration of ownership transfer of Defendant B with respect to the instant real estate is null and void, and since the registration of ownership transfer of Defendant C and the registration of ownership transfer of Defendant C are invalid both based on the registration of ownership transfer and the registration of ownership transfer of Defendant C, the Defendants are obligated to cancel each of the above registrations to the Plaintiff.

B. In the event that the registration of ownership transfer is completed with respect to the judgment real estate, not only the third party but also the former owner is presumed to have acquired ownership based on legitimate grounds for registration. On the other hand, the registration of real estate is deemed to have publicly announced the current real right state.