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(영문) 의정부지방법원 2016.08.11 2015가단25518

소유권이전등기말소 등

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1. Of the instant lawsuit, the registration of the claim for ownership transfer registration among the lawsuits against Defendant B, E, and F and the lawsuits against Defendant C is completed.

Reasons

1. Basic facts

A. (1) On August 9, 2002, the Plaintiff completed the registration of ownership transfer with respect to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) under Defendant B’s name on the following day: (a) provided each of the instant real estate as joint collateral on the same day; and (b) completed the registration of ownership transfer with respect to each of the instant real estate under the name of five community credit cooperatives, including the New-ro Central Saemaul Depository, at the 5.6 billion maximum debt amount; and (c) completed the registration of the provisional registration of the right to claim ownership transfer (hereinafter “each of the instant provisional registration”).

(2) Each of the provisional registrations of this case is provisional registration for the security of the Plaintiff’s debt owed to the Plaintiff’s community credit cooperatives. Defendant B, the representative director of the Plaintiff, paid KRW 500 million, which is the amount of the secured debt at the time, to the creditors, such as the New-ro Central Saemaul Depository, around May 13, 2010.

Accordingly, on May 13, 2010, the registration of the establishment of a mortgage of each of the preceding units was cancelled on May 28, 2010 on the ground of partial renunciation. On May 28, 2010, the New-ro Central Saemaul Depository completed the registration of the provisional registration of the real estate No. 1 and No. 2 in the attached Table No. 1 and No. 2 (hereinafter “instant real estate No. 1 and No. 2”) on May 28, 2010, and the registration of the transfer of the provisional registration of the three real estate No. 3 in the attached Table No. 103 real estate No. 3 (hereinafter “instant three real estate”).

(3) On May 28, 2010, Defendant B completed the registration of ownership transfer based on provisional registration as to the instant real estate No. 59416 on May 28, 2010, Defendant B completed the registration of ownership transfer based on the provisional registration as to the instant real estate No. 59416, May 28, 2010. On June 18, 2010, Defendant B completed the registration of ownership transfer based on the provisional registration as to the instant three real estate No. 68025, Jun. 18, 2010.

B. Transfer of ownership in the name of Defendant B as to each of the instant real estates