소유권말소등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts do not conflict between the parties, or each entry in Gap evidence 1, 2, and Eul evidence 1 (including each number), with a comprehensive view to the whole purport of the pleadings. A.
The Plaintiff owned a building of 179 square meters in Pyeongtaek-si C, and 179 square meters in its ground (hereinafter “instant building”) and a building of 45 square meters in Pyeongtaek-si D (hereinafter “each of the instant real estate”). However, on November 4, 2013, the decision to commence compulsory auction upon the application of E was made on November 4, 2013, and the decision to commence voluntary auction upon the application of the Pyeongtaek-dong Credit Union (hereinafter “Songdong Credit Union”), which is a mortgagee, was made on November 26, 2013, and the decision to commence voluntary auction on each of the instant real estate was conducted.
B. On March 24, 2014, the Plaintiff entered into a sales contract with the Defendant to sell each of the instant real estate in KRW 450,000 (hereinafter “instant sales contract”) with the Defendant, and completed the registration of ownership transfer for each of the instant real estate to the Defendant on April 7, 2014.
C. Meanwhile, at the time of the conclusion of the instant sales contract, each of the instant real estate was registered on several occasions, including the registration of the establishment of a mortgage, provisional seizure, and the record of seizure as follows.
1) On October 5, 2005, the maximum debt amount of the instant real estate was KRW 280,000,000,000 with respect to each of the instant real estate as joint collateral, and the debtor was the Plaintiff, the mortgagee, and the mortgagee. On December 31, 2013, the debtor completed the additional registration of the right to collateral security prior to the transfer of contract with respect to the registration of collateral security prior to the transfer of contract. On December 31, 2013, the debtor completed the additional registration of the right to collateral security prior to the registration of collateral security prior to the transfer of contract with respect to the registration of collateral security prior to the date by the private savings bank, the amount of the claim regarding the registration of collateral security prior to the same day, and the debtor is the asset management display box, and the debtor.