beta
(영문) 부산지방법원 2015.03.26 2013가단4445

소유권말소등기 등

Text

1. Defendant E’s KRW 69,232,00 and annual 5% from December 25, 2010 to January 24, 2013 to the Plaintiff.

Reasons

Basic Facts

On January 9, 2006, Defendant E acquired ownership by winning a successful bid of KRW 69,232,000 in the auction procedure for the instant real estate.

On December 24, 2010, Defendant E completed the registration of ownership transfer for the sale of the instant real estate to Defendant D on the same day, and on the same day, Defendant D completed the registration of ownership transfer for the instant real estate to Maradong Saemaul Undong Community Fund with the maximum debt amount of 84,50,000 won and the registration of ownership transfer for Defendant D with regard to the instant real estate.

(2) On May 17, 2012, Defendant C completed the registration of ownership transfer on the ground of sale and purchase on the 16th of the same month with respect to the instant real estate, and the transaction value on the registration was KRW 75 million. Defendant C completed the registration of change of the right to collateral security that changes the debtor of the first right to collateral security on the same day. On July 12, 2012, Defendant C completed the registration of change of the right to collateral security that changes the debtor of the instant real estate to himself/herself (hereinafter “the second right to collateral security”). Defendant C completed the registration of ownership transfer on October 30, 2012 with respect to the instant real estate to Defendant C (hereinafter “the second right to collateral security”). Defendant C completed the registration of ownership transfer on the grounds of sale and purchase on the same day with respect to the instant real estate, and the transaction value on the registration is KRW 80 million.

On October 30, 2012, the second right to collateral security was cancelled due to termination, and the defendant B completed the registration of change of the right to collateral security changing the debtor of the second right to collateral security to himself on November 7, 2012.

[Grounds] Facts without dispute, Gap evidence Nos. 15, Eul's evidence No. 15, Eul's overall purport of pleading, and claim against defendant Eul as to the whole purport of pleading, as seen earlier, at the time the real estate of this case was adjudicated, the above real estate was owned by the plaintiff and defendant Eul, but the above real estate was actually owned by the plaintiff and the above real estate was owned by the title of the above defendant; 69,232,00 won of the bid price was borne by the plaintiff; and