소유권말소등기
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C on December 27, 2006, purchased 10 lots of land including D and E from the F Saemaul Association, but failed to pay the purchase price in full, it set up each right to collateral security on the above land to the F Saemaul Association.
On March 28, 2008, the F Saemaul Association completed the registration of the transfer of collateral security (hereinafter referred to as the “mortgage of this case”) on the ground of the transfer of contract regarding D and E forest land to Nonparty G and H.
B. On January 26, 2007, the Plaintiff entered into a sales contract with I, a real representative of C, to purchase KRW 11,200,00 from D forest owned by C for KRW 11,850 (hereinafter “first sale”), and on April 24, 2007, to purchase KRW 20,000,000 from Ulsan-gun, Ulsan-gun, Ulsan-gun, for KRW 15,630,00 from KRW 13,00,000 (hereinafter “the above real estate”, and the above sales contract was referred to as “second sale”) and subsequently changed the object of the second sale from J to KRW 2,00 from E forest.
C. At around 2010, G and H had been missing. G and H filed an application for voluntary auction on September 10, 2010 with the U.S. District Court KL and E forest with the instant right to collateral security (hereinafter “instant voluntary auction”) and completed the auction procedure on September 10, 2010 (hereinafter “instant voluntary auction”). Defendant B (a change from L to July 27, 201) participated in the instant voluntary auction procedure, and acquired the ownership by winning D and E’s bid on February 18, 201, and completed the registration of ownership transfer for Defendant Asian Trust on the same day.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 2-2-2, 3-1, 2, and 6-2, the whole purport of the pleading
2. Determination as to the cause of action
A. The Plaintiff’s assertion C sold the land purchased from the F Saemaul Association, including D and E forest, to a large number of investors, and set up a collateral in lieu of share transfer registration to investors. However, the secured obligation of the collateral is the land.