소유권말소등기
1. The Defendant: (a) on February 14, 2013, with respect to the Plaintiff’s share of 270/402, out of 132 square meters in Seocho-gu Seoul Metropolitan Government, Seoul Central District Court.
1. Facts of recognition;
A. D and E own 1/2 shares of 402 square meters prior to the Gangnam-gu Seoul Metropolitan Government F (hereinafter “instant land before the instant subdivision”). On March 17, 1989, the Defendant sold 132/402 shares among them, and completed the registration of ownership transfer on July 11, 1989.
B. On August 13, 1992, Hyundai Petroleum Chemical Co., Ltd. completed the registration of establishment of a collateral security on the aggregate of D and E shares 270/402 of the land before the instant partition (the remaining shares remaining after selling to the Defendant).
(hereinafter referred to as “registration of creation of mortgage of this case”).
Around 192, the Defendant filed a co-owned property partition lawsuit against D, E, etc. on the land before the instant partition, Seocho-gu Seoul Metropolitan Government G, and H land on February 19, 1993. On February 19, 1993, the said court rendered a judgment ordering the Defendant to divide the remaining 270 square meters (current 270 square meters of Seocho-gu F) into co-ownership D, E, etc., and the said judgment became final and conclusive on April 7, 1993.
(Seoul Civil District Court 92 Ga 156169, hereinafter referred to as "the judgment in a prior lawsuit") d.
On December 26, 2001, with respect to D and E’s aggregate of 270/402 shares of the land before the instant partition, the auction procedure based on the instant mortgage was commenced, and I was awarded the full bid of D and E in the auction procedure on May 27, 2003.
I sold all the above shares to the plaintiff on December 1, 2003, and completed the registration of ownership transfer on December 2, 2003.
E. On February 5, 2013, upon Defendant’s application, divided the instant land and the instant land before Seocho-gu F with a size of 270 square meters prior to the instant land and the instant land before the Seocho-gu F, the Defendant obtained a succession execution clause regarding the judgment on the previous lawsuit and completed the registration of ownership transfer for the Plaintiff’s shares out of the instant land as the Seoul Central District Court No. 34464, Feb. 14, 2013, which was received on April 14, 2013.
(hereinafter “instant transfer registration”).