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(영문) 수원지방법원 2018.09.05 2017가단525476

소유권말소등기

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1. As to the real estate listed in the separate sheet to the Plaintiff:

A. Defendant B: (a) on February 24, 2016, Suwon District Court Port Office of port of registry of Suwon District Court.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the Suwon District Court, the Suwon District Court, the port of registry office, which was received on February 24, 2016, and the provisional registration of the Defendant B’s right to claim the transfer of ownership (hereinafter “instant provisional registration”) was completed on the ground of trade reservation on February 23, 2016, as the receipt of the said provisional registration on July 25, 2016 by the number of receipt No. 109566, Jun. 1, 2016, and the ownership transfer registration under the name of the Defendant B (hereinafter “instant ownership transfer registration”) was completed on the grounds of trade reservation on June 1, 2016.

B. On July 25, 2016, Defendant B completed the registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage of this case”) in the amount of KRW 160,000,000 to the Defendant C Co., Ltd. (hereinafter “Defendant Company”) with the maximum debt amount received KRW 109567,00.

C. Defendant B has each registration certificate concerning the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The registration of provisional registration of this case and the registration of transfer of ownership in this case asserted by the plaintiff is null and void by forging documents related to the registration as the plaintiff's seal imprint design in order for the plaintiff to borrow money from the defendant Eul. Since the registration of establishment of a mortgage of this case is null and void, the plaintiff is obligated to cancel the provisional registration of this case and the registration of transfer of ownership, and the defendant company is obligated to cancel the registration of establishment of a

In addition, as long as the provisional registration of this case and the transfer of ownership are null and void, Defendant B possesses each registration certificate for the instant real estate without a legitimate title, and Defendant B is obligated to deliver the above registration certificate to the Plaintiff as the owner.

3. Determination

(a) Where a third party is involved in such act of disposal, not by the direct act of disposal of the former registered titleholder, the current registered titleholder shall be the former registered titleholder;