소유권이전등기등 말소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The registration of ownership transfer was completed on March 22, 2001 from G to H in the future, with respect to the land of Pyeongtaek-si E, 168 square meters (hereinafter “land before subdivision”) and F 62 square meters (hereinafter “F land”).
B. As to the land before subdivision and F land before subdivision, each ownership transfer registration was completed on September 15, 2003 from H to the Plaintiff’s future trading.
C. On June 18, 2004, the land before subdivision was divided into E, E, 909 square meters (hereinafter “E land”) and D, 259 square meters (hereinafter “instant land”). D. D.
① As to the share of 60/259 out of the instant land, the registration of creation of a mortgage over the Plaintiff, the mortgagee I, the maximum debt amount of 36,00,000 won on July 4, 2006, and ② As to the share of 13/259 out of the instant land, the registration of creation of a mortgage over the Plaintiff, the mortgagee, the J-mortgage, the maximum debt amount of 6,00,000 won was completed on the same day.
(hereinafter referred to as “I’s right to collateral security” and “J’s right to collateral security”).
With respect to the instant case, E, F, and the instant land below, ① from the Plaintiff on January 6, 2017, each ownership transfer registration was completed on November 5, 2016, from the Plaintiff on November 6, 2016. ② On the same day, the registration of creation of superficies, which is the Defendant C Association with superficies, was completed on the same day, as the debtor, K-mortgage, Defendant C Association, the maximum debt amount, 637,000, and the joint creation of superficies as of the same day.
F. Meanwhile, with respect to the shares of 60/259 out of the instant land, the registration of cancellation of the registration of the establishment of a neighboring mortgage of I was completed on March 10, 2017 on the ground of termination on June 1, 2012, and the registration of cancellation of the registration of the establishment of a neighboring mortgage of I was completed on March 24, 2017, and the registration of partial transfer of ownership was completed on March 10, 2017 in Defendant B in the future.
H. The Plaintiff filed a lawsuit against J as the court 2017Kadan4527, but the said court rendered a ruling dismissing the Plaintiff’s claim on May 29, 2018, and the appeal court is still pending after the Plaintiff appealed.
Suwon District Court.