beta
(영문) 대구지방법원상주지원 2017.11.29 2017가단5043

소유권말소등기

Text

1. Defendant C Union shall have the Daegu District Court on real estate stated in the separate sheet Nos. 1 and 2 to the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet shall be referred to as "each real estate of this case", and "real estate of this case" shall be referred to as "real estate of this case, 2 real estate, and 3 real estate" when named individual real estate

on January 29, 1981, the registration of ownership preservation was completed in the name of V, the registration of ownership transfer was completed in the name of W on June 29, 1993, and the registration of ownership transfer was completed in the name of Defendant D on June 17, 2016.

B. As to July 6, 2006 real estate Nos. 1 and 2, the Defendant C&C completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 30,000,000, and the debtor W.

C. Around August 14, 1991, the first instance court filed a lawsuit against V seeking the cancellation of the above registration of ownership preservation, which was completed on each of the instant real estate, and lost the part of the claim for cancellation of the above registration of ownership preservation. However, on August 14, 1991, the appellate court rendered a judgment that the above registration of ownership preservation was made with a false letter of guarantee and confirmation under the Act on Special Measures for the Registration, etc. of Real Estate Ownership Transfer, and thus, the procedure for cancellation registration was revoked, but the appeal

The judgment in favor of the above judgment that became final and conclusive is referred to as the "prior judgment".

In the final appeal, the part against X was reversed and remanded, but the winning part of X was dismissed and finalized. D.

X died on February 4, 1995, and the plaintiffs are their successors.

E. W died on May 6, 2016, and Defendant D, E, F, G, B, and H below “Defendant B, etc.”

(C) the heir shall be entitled to [based on recognition], without a dispute, A’s evidence of heading A1 through 6 (including branch numbers, if any). The same shall apply hereinafter.

each entry, the purport of the whole pleading

2. In a judgment on the cause of a claim, even if it is not bound by recognized facts in the judgment on other civil cases, etc., the facts which have been recognized in the already established relevant civil cases are significant evidence, unless there are special circumstances, and without reasonable grounds.