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(영문) 대전지방법원천안지원 2015.09.25 2015가합116

소유권이전등기말소등기 등

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. All real estate listed in the separate sheet were owned by the Plaintiff, and Defendant B completed the registration of ownership transfer on February 5, 2009 for each real estate listed in the separate sheet on February 17, 2009.

B. On June 20, 201, Defendant C completed the provisional registration of the right to claim ownership transfer based on trade reservation on the real estate listed in attached list No. 3, and the registration of ownership transfer based on trade transaction on March 7, 201. Defendant D completed each registration of ownership transfer based on the following: (a) on December 24, 2012, each of the real estate listed in attached list Nos. 4 and 5 on December 21, 201.

C. On May 16, 2014, Defendant Boan Central Credit Union completed the registration of the establishment of a neighboring mortgage on each of the real estates listed in paragraphs (1) and (2) of the attached Table Nos. 1, 2014. Defendant Boan Seoan Credit Union completed the registration of the establishment of a neighboring mortgage on each of the real estates listed in paragraphs (1) and (2) of the attached Table No. 1, and completed the registration of the establishment of a superficies on May 19, 2014, with respect to each of the real estates listed in paragraphs (1) and (2) of the attached Tables No. 1, B, the maximum debt amount, 37,000,000. The registration of the establishment of a neighboring mortgage was completed on May 19, 2014.

On the other hand, Defendant E loaned money to Defendant B as the husband of Defendant B, and Defendant F is a certified judicial scrivener who made an application for ownership transfer registration in the above name of Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 4, Eul evidence 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant E, the primary claim (as to Defendant B, C, D, the Central Credit Union of the astronomical area, and the astronomical Credit Union) had the Plaintiff affix a seal on each real estate sales contract, each registration delegation letter, and confirmation document (hereinafter “instant application document”) on each real estate listed in the separate sheet as security for the loan.