소유권이전등기 및 근저당권 말소등기 회복
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts following the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account each entry in Gap evidence 1 to 4, Eul evidence 5, Eul evidence 1 (including branch numbers; hereinafter the same shall apply), and the whole purport of the pleadings.
On May 9, 2012, the Plaintiff, Defendant B, and C jointly invested the instant real estate as the Plaintiff, Defendant B, and Defendant C 4/6 shares, and agreed to distribute the profits accrued from disposing of the instant real estate after one year from the investment period to the share ratio.
B. The Plaintiff invested KRW 100,000,000 on March 20, 2012.
C. On May 10, 2012, the Plaintiff, Defendant B, and C purchased the instant real estate with money invested by each party, and completed the registration of ownership transfer with Defendant B’s name on May 10, 2012. On the same day, the Plaintiff completed the registration of creation of a collateral security right of KRW 2,145,00,000 on the same day, and the registration of creation of a collateral security right of KRW 8,000,000, the maximum debt amount of KRW 8,000,000 (hereinafter “instant collateral security right”), the Plaintiff, the mortgagee of a collateral security right, and the maximum debt amount of KRW 20,00,000.
On October 30, 2013, each of the three mortgages was cancelled on the ground of termination. On the same day, the registration of the establishment of the mortgage over Defendant Seopo Agricultural Cooperatives, the maximum debt amount of KRW 2,600,000,000, and the registration of the creation of superficies, which is Defendant Seopo Agricultural Cooperative, the holder of the superficies, was completed on April 15, 2015. On April 15, 2015, the registration of the establishment of the mortgage over Defendant Seopo Port Agricultural Cooperatives, the maximum debt amount of KRW 130,000,00 was completed on May 22, 2015, and the registration of the establishment of the mortgage over KRW C, the maximum debt amount of KRW 80,000,00, respectively.
E. However, on May 20, 2015, the Plaintiff requested Defendant B to register the ownership transfer of 1/6 shares out of the instant real estate and received a written confirmation from Defendant B that the Plaintiff would register the ownership transfer of 1/6 shares among the instant real estate.
In addition, the plaintiff is the same.