원인무효에의한가등기말소등
1. Defendant B: (a) filed with the Plaintiff the Suwon District Court concerning the real estate stated in the attached Table 1 list.
1. Determination as to the claim against the defendant B
A. The registration of ownership preservation was completed on February 21, 2007 in the name of Co., Ltd. D (hereinafter “D”), and on October 5, 2007, the registration of ownership transfer was completed on October 10, 2007. Defendant B completed provisional registration on October 10, 2007 as to the above real estate.
However, the registration of ownership transfer in the name of E is invalid, and the provisional registration in the name of Defendant B, which is completed based on this, is also invalid.
B. Judgment by deeming confession as a confession (Article 208(3)2 of the Civil Procedure Act). 2. Determination as to the claim against the bankruptcy trustee of the Defendant Bankruptcy Debtor C in bankruptcy corporation
A. Basic facts 1) E, on February 16, 2007, each of the real estate listed in the separate sheet Nos. 1 and 2, 2007 (hereinafter “instant F shop”), and “the instant G store,” collectively, refers to each of the instant stores.
) The Suwon District Court 2007Kadan1843 decided to prohibit provisional disposition against D in relation to D, and later on February 21, 2007, the registration of preservation of ownership in the name of D in relation to each of the instant stores on the grounds of the entrustment of provisional disposition registration by the provisional disposition under the above prohibition of provisional disposition on February 21, 207 (hereinafter referred to as the “registration of preservation of ownership”).
(2) On October 5, 2007, E filed a claim for ownership transfer registration against D on June 21, 2004 with respect to each of the instant stores, which was subject to sale and purchase on June 21, 2004, and was sentenced to a favorable judgment on August 14, 2007 (final decision on September 11, 2007), and completed the ownership transfer registration on October 10, 207 with respect to the instant store on October 10, 207 (hereinafter “each of the instant shares transfer registration”).
3) On February 25, 2009, C Co., Ltd. registered the creation of a mortgage on each of the stores of this case with a maximum claim amounting to KRW 9.6 billion (hereinafter “the establishment of a mortgage”).