소유권이전등기말소등
1. The part of the claim for cancellation of the registration of creation near the lawsuit in this case shall be dismissed.
2. Of the real estate listed in the separate sheet.
1. Basic facts
A. 1) The Plaintiff and the designated parties are real estate listed in the separate sheet on August 19, 1997 (hereinafter “instant real estate”).
(2) On September 12, 2008, Defendant B completed the registration of ownership transfer on the part of 3/7 (Plaintiffs) and 2/7 (Appointeds) shares. Defendant B completed the registration of ownership transfer on the ground of the “transfer agreement dated November 26, 1987” with respect to the instant real estate.
3) On September 30, 2008, Defendant C completed the registration of ownership transfer on the instant real estate on the ground of “sale as of September 2, 2008.” 4) Defendant B and D Association (hereinafter “Defendant Association”) as an auxiliary participant to Defendant B and C, made the registration of ownership transfer on April 22, 201, the maximum debt amount of the instant real estate amount of KRW 124,000,000 with respect to the instant real estate, and the registration of ownership transfer on the part of the Defendant C, as stated in the purport of the claim by the Defendant C.
5) Meanwhile, upon the application of the Defendant Union, on May 25, 2012, the Incheon District Court E’s decision to commence the instant real estate was rendered, and Nonparty F was awarded the said real estate at the above auction procedure, and the registration of the establishment of a neighboring mortgage as stated in paragraph (4) of the Defendant Union was cancelled on April 3, 2015 due to a voluntary auction.
B. 1) Defendant B filed a lawsuit against the Plaintiff and the designated parties regarding the instant real estate under the title transfer registration procedure against the Plaintiff and the Plaintiff, Incheon District Court Branch Decision 97Gahap6420, and Defendant B asserted that the Plaintiff and the designated parties, the heir of the deceased, have the obligation to implement the ownership transfer registration procedure regarding the portion of each of the instant real estate falling under the ownership transfer agreement (the Plaintiff 3/7 and the designated parties, respectively, 2/7) among each of the said real estate, on the ground of the “transfer agreement between Defendant B and the deceased (hereinafter “the deceased”), which was concluded on November 26, 1987 as the cause of the claim.