beta
(영문) 서울남부지방법원 2016.06.30 2015가단211290

소유권말소등기

Text

1. On December 7, 2012, the Defendant’s registration office of the Seoul Southern District Court as to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 22, 1997, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on May 23, 1997.

B. Around August 25, 2009, the Plaintiff leased to C the second floor of the instant real estate with a deposit of KRW 120 million and the period of KRW 120 million from September 25, 2009.

C. On May 27, 2011, the Plaintiff created a right to collateral security with D and the maximum debt amount of KRW 195 million, satisfing the debtor, to the Kandong Saemaul Community Depository, as to the instant real estate.

The Plaintiff, from September 201 to September 201, demanded the return of the lease deposit from C, agreed to obtain additional loans on the instant real estate in the name of a person designated by E, instead of the Plaintiff, who was an agent of C, and return the said lease deposit. On November 23, 2012, the Plaintiff drafted a contract to sell the instant real estate at KRW 580 million (hereinafter “the instant transaction”).

E. On December 7, 2012, the Defendant completed the registration of ownership transfer on the instant real estate (hereinafter “the instant registration of ownership transfer”) on the grounds of the instant sale, and on the same day, established a mortgage right of KRW 585 million with the maximum debt amount of KRW 450 million with respect to the Seoul Southern Credit Union (hereinafter “Seoul Southern Credit Union”), and returned the said lease deposit to C. The said lease deposit was repaid, and the said lease deposit was repaid with respect to the instant real estate as indicated in paragraph (3).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7, 9, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. In light of the above facts of the determination as to the cause of the claim, the real estate of this case is owned by the plaintiff originally purchased by the plaintiff, and it is sufficient to recognize that the plaintiff entrusted the title of registration to the defendant through C or E, and the plaintiff does not possess the original copy of the certificate of registration as to the real estate of

or Gap evidence No. 5,