소유권말소등기
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
1. Basic facts
A. On March 14, 2011, the Plaintiff entered into a sales contract with the Defendant to sell real estate listed in the attached list (hereinafter “instant apartment”) owned by the Plaintiff for KRW 200,000,000 (hereinafter “instant sales contract”). On March 15, 2011, the Plaintiff completed the registration of ownership transfer for the instant apartment on March 14, 201.
B. On March 8, 2011, prior to the conclusion of the instant sales contract with the Defendant, the Plaintiff set up a maximum debt amount of KRW 120,900,000, and a collateral security (hereinafter “mortgage”) that was the subject of the right to collateral security (hereinafter “instant right”) with the Defendant, and received a loan of KRW 111,631,172 from the teaching life life.
C. Meanwhile, on October 13, 2011, the Defendant completed the registration of change of the right to collateral security on the ground of acceptance of a contract on October 11, 201, and completed the registration of change of the right to collateral security on the ground of the contract between E and E, the former owner of the instant apartment, on October 13, 201, regarding the right to collateral security agreement concluded between E, the Plaintiff and E, which was the former owner of the instant apartment, as to the maximum debt amount of KRW 50,700,00 and the right to collateral security, which was acquired by the Plaintiff through the contract acquisition and modification agreement on February 1, 2010, as to the right to collateral security, which was the right to collateral security, as well as the right to collateral security, which was the right to collateral security, as the right to collateral security, on October
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion 1) Claim for cancellation of ownership transfer registration and claim for restitution of unjust enrichment is asserted. The Plaintiff’s husband, the Plaintiff’s husband, is the deceased F (hereinafter “the deceased”).
After the death of November 12, 2010, the deceased did not pay the value-added tax amounting to KRW 200,000,000, while operating an enterprise under the Plaintiff’s name before his birth. Accordingly, the apartment of this case is determined by the National Tax Service.