말소승낙의 의사표시
1. The defendant shall conclude that each real estate registered in the separate sheet was registered to the plaintiff.
1. The facts of recognition - The registration of transfer of ownership in the name of Ulsan District Court No. 18232 on May 6, 2004 for the real estate listed in the separate sheet No. 1 (hereinafter “the real estate No. 1 of this case”), which was owned by B, was issued on August 1, 2003 as to the real estate listed in the separate sheet No. 41285 on August 1, 2003 by the above registry office.
- On April 9, 2012, the Defendant concluded a mortgage contract with C on the instant real estate, and concluded a loan agreement for self-reliance deposit worth KRW 150 million on April 10, 2012, on the ground of a contract to establish a mortgage as of April 9, 2012, which was received on the same day by the said registry office as of April 9, 2012, with the maximum debt amount of KRW 195 million, the debtor C, and the mortgagee as the defendant (hereinafter “instant 1 collateral”), and concluded as security a loan agreement for self-reliance deposit worth KRW 150 million on April 10, 2012.
- On June 7, 2013, the Defendant concluded a general security loan agreement with C on July 5, 2013, regarding the instant two real estate, whereby the maximum amount of debt is KRW 364 million, the debtor C, and the mortgagee as the Defendant for the establishment of a mortgage (hereinafter “instant two-mortgage”) on the ground of the contract to establish a mortgage as of June 7, 2013, which was received on June 7, 2013 by the said registry office (hereinafter “instant two-mortgage”). The Defendant concluded a general security loan agreement with C on July 5, 2013 regarding loans of KRW 280 million.
- The Plaintiff filed a lawsuit against B and C for the claim for cancellation of ownership transfer registration (this Court 2013Gahap7321), and the above court rendered a favorable judgment against C on June 26, 2014, stating that “The registration of ownership transfer in the name of C with respect to the instant real estate was made through a three-party registered title trust between the Plaintiff, B, and C, and thus, is null and void by the Act on the Registration of Ownership in the Real Estate under Actual Titleholder’s Name. As C implements the procedure for the cancellation of ownership transfer registration in the name of C with respect to the instant real estate, and B implements the procedure for ownership transfer registration on March 16, 2004 to the Plaintiff, and C appeals and appeals against this.