beta
(영문) 대구지방법원안동지원 2019.10.15 2018가단22916

소유권말소등기

Text

1. Defendant E is the permanent registry office of the Daegu District Court with respect to the real estate stated in [Attachment 16] No. 16] to the Plaintiff.

Reasons

Basic Facts

As the spouse of the net F (hereinafter referred to as “the deceased”), Defendant B is the mother of the Plaintiff, who is the mother of the deceased, and Defendant C and D are the siblings and siblings of Defendant B, and Defendant E is the spouse of the Plaintiff’s shape.

On March 20, 199, the Plaintiff completed the registration of ownership transfer for each real estate listed in the separate sheet No. 1 through 15 (hereinafter “instant one real estate”) based on sale and purchase, and the registration of ownership transfer for each real estate listed in the separate sheet No. 16 on March 6, 2009 (hereinafter “instant two real estate”) based on an inheritance by agreement or division.

The Plaintiff completed the registration of ownership transfer (hereinafter “the registration of ownership transfer”) against Defendant B on April 19, 2016 by the Dobong District Court of Daegu District on the instant real estate under No. 3367 (hereinafter “the instant real estate”).

As to the instant real estate 1, Defendant B completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring property of this case”) comprised of the maximum debt amount of KRW 400,000,000,000, the maximum debt amount of KRW 10650, Nov. 21, 2017, Defendant B, the mortgagee B, Defendant C, and D (hereinafter “registration of creation of a neighboring property of this case”).

On the other hand, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring property 2”) with respect to the instant two real estate by the Daegu District Court Permanent Resident Office (Seoul District Court) No. 9839, May 23, 2014, the maximum debt amount of KRW 60,000,000, and the Plaintiff and the mortgagee E (hereinafter “instant establishment”).

With respect to the instant 2 real estate, the Plaintiff completed the registration of ownership transfer to Defendant B on April 19, 2016, and Defendant B completed the registration of ownership transfer again on September 6, 2018 to the Plaintiff.

【In the absence of dispute, the Plaintiff entered into a title trust agreement with Defendant B as to the instant real estate 1, and accordingly, the gist of the Plaintiff’s assertion of the Plaintiff’s assertion as to the following facts: Gap’s 1 through 16 evidence, Eul’s 1 through 14 evidence (including each number number), witness H’s testimony, and all pleadings.