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(영문) 창원지방법원통영지원 2020.06.17 2019가단28101

소유권보존등기말소 등

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1. The Plaintiff:

A. Defendant B shall receive on April 15, 1995 the registration office of the Changwon District Court with respect to the attached real estate.

Reasons

1. In fact, Defendant B completed the registration of initial ownership on June 28, 1994 with respect to the attached real estate (hereinafter “instant real estate”), but on April 15, 1995, the registration of initial ownership in the name of Defendant B was made in duplicate with respect to the instant real estate again on April 15, 1995.

On July 11, 2011, the G Union completed the registration of establishment of a neighboring mortgage with the debtor H and the maximum debt amount of KRW 3.777 billion, regarding the instant real estate. On August 29, 2019, the Plaintiff acquired by transfer the right to collateral security from the G Union and completed the additional registration of the transfer of the right to collateral security on September 18, 2019.

I, J, K, and L completed the provisional registration of the right to claim ownership transfer on the grounds of the pre-sale agreement made on May 6, 2015 based on the registration of double preservation of this case on May 7, 2015. Defendant C Co., Ltd and Defendant D Co., Ltd completed the provisional registration of the right to claim ownership transfer on the grounds that each of the above right to claim ownership transfer was transferred on February 14, 2017 and May 12, 2017.

On November 14, 2014, Defendant E completed the registration of creation of a neighboring mortgage with the debtor B and the maximum debt amount of KRW 264 million based on the registration of overlapping preservation of this case.

On February 14, 2017, Defendant C Co., Ltd and Defendant D Co., Ltd completed the registration of creation of a mortgage over KRW 1.8 billion with the maximum debt amount of KRW 1.8 billion based on the registration of overlapping preservation of this case, based on the debtor I, M, J, Defendant B and N, and completed the registration of creation of a mortgage over KRW 2.4 billion with the maximum debt amount of KRW 1.4 billion on May 10, 20

Based on the registration of overlapping preservation of this case, Defendant F completed the registration of establishment of each right to collateral security on July 19, 2017, on the ground of the pledge right as to each right to collateral security, Defendant C Co., Ltd and Defendant D Co., Ltd.

[Grounds for Recognition] Confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. According to the facts of recognition as to the plaintiff's request, the duplicate preservation registration of this case is the existing preservation registration in the name of the same person for the same real estate.