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(영문) 서울남부지방법원 2015.12.11 2015가단13717

전세권설정등기 등 말소등기절차이행

Text

1. The Plaintiff:

A. As to the real estate stated in the attached list, Defendant B shall make a registration office of the Seoul Southern District Court (Seoul Southern District Court).

Reasons

1. Facts and determination of recognition

A. The facts under the recognition are without dispute between the Plaintiff and Defendant D, and the Plaintiff and Defendant B are deemed to have led to confession pursuant to Article 150(1) of the Civil Procedure Act, and the facts are acknowledged between the Plaintiff and the Defendant C based on the overall purport of the pleadings.

1) As to the real estate listed in the separate sheet, the registration for the establishment of a neighboring mortgage was completed in the name of Defendant B as of January 6, 1994 by the Gangseo-gu Seoul Southern District Court registry office, which was received on January 6, 1994. The grounds for registration are the mortgage contract between the Plaintiff and Defendant B, which is the maximum of KRW 30 million with respect to the above real estate, as of January 5, 1994, and the creditor B and the debtor. However, the above mortgage contract was concluded only for convenience, but it was not for Defendant B to have any other claim against the Plaintiff. 2) The provisional registration for the right to claim for the transfer of ownership was completed in the name of E as of April 14, 1994. The grounds for registration was the promise between the Plaintiff and E on April 14, 1994.

However, the above provisional registration was only registered for convenience, and it was not a pre-contract between the plaintiff and E.

On the other hand, upon the death of June 8, 1997, E succeeded to F, children, G, and H’s net E. The above F, G, and H reported the renunciation of inheritance and accepted the above report on August 20, 1997 by the Incheon District Court Decision 97Ra798, 79, 800 Decided August 20, 197.

Before the death of the network E, the father I and the mother J have already died before the network E and succeeded to the network E, Defendant C and D, a sibling of the network E.

B. If the facts are the same as above, the establishment registration of a collateral in Defendant B’s name regarding the above real estate was based on a false mortgage contract which has been conspired, and the provisional registration in the name of the network E was also based on a false trade promise, and thus, should be cancelled as it is without any ground.