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(영문) 창원지방법원마산지원 2015.06.11 2014가단14286

소유권이전등기말소등기

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1. Defendant B: (a) on October 6, 201, the Changwon District Court was Masan Branch on the 4 real estate listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 28, 2011, the Plaintiff and Defendant B entered into a sales contract with the Plaintiff for KRW 25,000,000 with respect to the purchase price of KRW 1,2, and 3 land located within the land transaction permission zone and KRW 4 real estate listed in the attached table (hereinafter “four land”; hereinafter “instant land”). Defendant B paid KRW 25,00,000 to the Plaintiff around February 28, 201.

B. On March 8, 2011, the Plaintiff completed registration of initial ownership relating to the instant land.

C. Defendant B filed an application for land transaction with the competent authority to register the ownership transfer of the instant land, but only obtained permission from the competent authority on land 1, 2, and 3, and did not obtain permission on the ground that a building exists on land 4.

Defendant B completed the registration of ownership transfer on March 17, 201 with respect to land on March 17, 201.

E. In order to register the ownership transfer of the fourth land without a land transaction permission, Defendant B’s registration of the ownership transfer of the fourth land is deemed as the registration of the establishment of the ownership of the neighboring land of this case, 50,000 won with respect to the land on March 17, 201, and hereinafter “the registration of the establishment of the neighboring land to the Plaintiff”

Upon completion of the registration, Defendant B filed an application for an auction on the 4th land based thereon. Defendant B purchased 4 land in the case of auction on the said real estate (Yanwon District Court Masan Branch D) and completed the registration of ownership transfer based on the sale on September 29, 201 due to the voluntary auction on the 4th of October 2011. Meanwhile, Defendant Nansan Credit Union completed the registration of ownership transfer based on the 520,00,000 won with respect to the 1,2, and3th of February 25, 2013, and the registration of ownership transfer based on the 520,000,000,000 won with respect to the 520,000,000 won with respect to the 3th of February 25, 2013 and the debtor C with respect to the 12 evidence (including the number

2. Determination as to the claim against the defendant B

A. The gist of the Plaintiff’s assertion (1) Defendant B is via E.