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(영문) 서울고등법원 2017.04.28 2015나2066517 (2)

근저당권말소

Text

1. Paragraph 1 of the judgment of the court of first instance, including the Plaintiff’s claim against the Defendants expanded in the trial.

Reasons

1. Basic facts

A. On December 26, 2006, Co-Defendant E (E) of the first instance trial completed the registration procedure for transfer of ownership of each share on each of the real estates listed in the separate sheet (hereinafter “each of the instant shares”).

B. On December 26, 2006, the Plaintiff’s sequences listed in the separate sheet

1. Shares 1/2 of the site (hereinafter “instant site”) and the sequences listed in the separate sheet;

2. Of the buildings (hereinafter referred to as the “instant building”), each procedure for the registration of ownership transfer for one-fourth share of a building has been completed.

C. Defendant D (hereinafter “D”) registered his/her business in the competent tax office jointly with I, J, and K (hereinafter “I, etc.”), and completed the sale of the instant H building on the first and fourth fourth-story building (hereinafter “instant H site”) of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant H site”). < Amended by Presidential Decree No. 2010, Jun. 8, 2007; Presidential Decree No. 20148, Apr. 14, 2008; Presidential Decree No. 20220, Jan. 4, 2008; Presidential Decree No. 20947, Jun. 30, 2008; Presidential Decree No. 20947, Apr. 14, 2008; Presidential Decree No. 20947, Jun. 30, 2008>

At the time of October 19, 2007, the defendants jointly build and sell eight houses on the site of Yongsan-gu Seoul Metropolitan Government, which was acquired on September 22, 2006, in the Yongsan-gu Seoul Metropolitan City, the real estate rental business, the business of constructing and selling eight houses on the site of Yongsan-gu, Seoul, which was acquired on September 22, 2006 (the new construction and sale of houses on November 20, 2006, and the business of constructing and selling nine houses on June 29, 2006, Yongsan-gu, Seoul, which was acquired on June 29, 2006.

E. The Defendants are as follows from D on October 19, 2007: the instant H site and the instant H building, respectively, 1/4.