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(영문) 제주지방법원 2016.12.07 2015나1246

소유권말소등기

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 26, 2007, the registration and project process related to the instant land 1) E and F are as follows: (a) on February 26, 2007, the Jeju-si Seoul-si 626 square meters (hereinafter “instant land”).

The registration of ownership transfer is completed with respect to shares of each one-half of the two shares, and the same day shall be the same mining credit union (hereinafter referred to as the "Dong Mine Credit Union").

(2) On August 27, 2007, E completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 130 million, while F completed the registration of the establishment of a neighboring mortgage with the maximum debt of KRW 143 million. 2) The Plaintiff acquired the collateral security obligation of KRW 100 million in lieu of the collateral security obligation of KRW 5 million in lieu of the collateral security obligation of KRW 100 million in lieu of the collateral security obligation of KRW 100 million in lieu of the collateral security obligation of KRW 100 million in lieu of the collateral security obligation of the Plaintiff and D, on August 27, 2007. < Amended by Act No. 8577, Aug. 27, 2007; Act No. 8578, Aug. 27, 2007; Act No. 8507, Feb. 10, 2007; Act No. 8579, Feb. 19, 2007>

(3) On October 15, 2007, on the ground of the instant land under the name of the Plaintiff and D, K apartment (hereinafter “instant apartment”) with a size of nine stories (1,585m2) on the ground of the instant land (hereinafter “instant apartment”).

A) A construction permit had been newly constructed, and around that time, between the Plaintiff and D and L Co., Ltd., the representative director of which is the Plaintiff and D, entered into a construction contract for the instant apartment construction project and carried out the instant apartment construction project. 4) M lent the construction fund to I, and received a provisional registration for the entire share in the instant land on April 10, 2008 for the security, and I received a provisional registration for the entire share in the instant land for the purpose of housing construction project on May 8, 2008.