소유권말소등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for this Court’s explanation concerning this part of the underlying facts is as follows, and this part of the judgment of the court of first instance is as stated in the “1...... facts”, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
A. The answer 1,070m2 (hereinafter “instant land before subdivision”) in Gangseo-si, Gangnam-si.
K ) K’s Question (hereinafter referred to as “instigious”)
A) The ownership was a real estate title trust with H. However, H’s motion for compulsory auction (this Court D; hereinafter “instant auction procedure”) as to the land prior to the instant partition upon H’s motion by the creditors.
In addition, the Plaintiff had completed the registration of ownership transfer as No. 44641, Nov. 29, 2002, after having received the decision of permission for sale on February 21, 2002 and paid the proceeds of sale at the auction procedure of this case.
2. The assertion and judgment
A. At the auction procedure of this case, the Plaintiff, upon the request of representative G, intended to observe the land prior to the subdivision of this case, invested KRW 4 million in the purchase price of the Plaintiff, and acquired the land prior to the subdivision of this case in its name. While the Plaintiff did not manage the land prior to the subdivision of this case, the Plaintiff did not manage the land prior to the subdivision of this case. Accordingly, the registration of the transfer of this case was null and void without any legal ground. Even if there are legal grounds, the cause of the registration is a sales contract which is the cause of the copy of the register, and the said sales contract was rescinded due to the exercise of the Plaintiff’s right to rescission or implied termination of agreement. Ultimately, the Defendant performed the procedure for cancellation of the registration of the transfer of this case to restore the Plaintiff to its original state, and returned the compensation paid for a part of the land prior to the subdivision of this case to the Plaintiff.2) Upon the commencement of the auction procedure of this case, the Defendant was the general secretary of this case.