소유권이전등기 말소
1. Defendant B is assigned to the Republic of Korea the claim regarding KRW 14,246,392, out of the attached claim from the Plaintiff.
1. Facts of recognition;
A. On May 8, 2009, the Plaintiff completed the registration of ownership transfer concerning each of the real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate” due to the inheritance by consultation and division, and when individual real estate is sold, it shall be abbreviated by “the instant first real estate, etc.”).
B. As to each of the instant real estates, Defendant D completed the registration of the establishment of a mortgage in his/her future under the title of 10164, Nov. 7, 2012, using the Plaintiff as the obligor, the maximum debt amount of KRW 100,000,000, as the obligor and the maximum debt amount of KRW 100,000,000.
(hereinafter “instant collateral security”). C.
Defendant D applied for a voluntary auction on each of the instant real estate to Chuncheon District Court E, based on the instant collateral security. On July 14, 2014, Defendant D voluntarily decided to commence the auction on each of the instant real estate.
In the auction procedure (hereinafter “the auction procedure of this case”), the real estate Nos. 1, 2, 3, and 4 of this case was sold to Defendant B, and Defendant B paid the sales price in full. On March 9, 2015, the registration of ownership transfer was completed as the receipt of the Jeju District Court’s Jeju District Court’s receipt No. 1885 and 1884.
E. On September 21, 2016, Defendant B completed the registration of ownership transfer to Defendant C with the Chuncheon District Court No. 7561, which received on September 19, 2016, due to the trade of the instant 4 real estate.
F. At the instant auction procedure, the instant real estate No. 5 was sold to Defendant D, and Defendant D paid the sales price in full. On April 6, 2015, Defendant D had completed the registration of ownership transfer as the receipt of the Chuncheon District Court’s Jeju District Court’s receipt of registration office under Article 2775.
G. Meanwhile, the Plaintiff filed a criminal complaint against F on November 12, 2013, asserting that F, a spouse, stolen the Plaintiff’s seal impression, etc., and that F voluntarily prepared a written mortgage agreement on each of the instant real estate owned by the Plaintiff and completed the registration of the establishment of a neighboring mortgage, and F.