소유권이전등기말소등기
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. Facts of recognition;
A. The Plaintiff’s mother C was the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). Each of the instant real estate was set up a maximum debt amount of KRW 48 million, E, and the collateral security (hereinafter “mortgage”) with the obligor, E, and Seosan Agricultural Cooperative, Seosan-gun, the mortgagee of the instant real estate.
B. The Seocho-gun Agricultural Cooperative filed an application for voluntary auction on each of the above real estate, and accordingly, on October 20, 2005, the procedure of voluntary auction on each of the above real estate was initiated.
C. On October 24, 2007, the Defendant, who was the Plaintiff, was taking out a loan of KRW 28 million and repaid all the secured debt, and cancelled the registration of creation of the collateral. On the same day, each of the above real estate was set up as a collateral with the maximum debt amount of KRW 28 million, the obligor, the Defendant, and the Defendant, and the Defendant, and the Defendant, and the Defendant, and the Defendant, as the Military Community Credit Depository of Busan.
C On April 19, 2011, on February 18, 2011, the Plaintiff, a fraud, completed the registration of ownership transfer (hereinafter “the registration of ownership transfer”) to the Defendant on the ground of sale as of February 18, 2011.
C died on April 10, 2011, and the plaintiff was the only heir of the above C.
E. Since then, the Plaintiff’s ancillary D filed a lawsuit against the Defendant seeking divorce and designation of a custodian as the Daejeon District Court Branch Branch of the Daejeon District Court (2015Dhap15). Accordingly, the Defendant filed a counterclaim against D to seek divorce and consolation money, etc. under the same court 2015Dhap22.
(hereinafter “instant divorce lawsuit”). On June 24, 2015, the above court rendered a judgment that “D and the Defendant are divorced by counterclaim. The Defendant rendered a judgment that D shall divide property into division of property, and the damages for delay thereof, and D shall pay consolation money to the Defendant KRW 50 million and damages for delay thereof, respectively.”
On the other hand, both D and the defendant appealed from Daejeon High Court Decision 2015Reu34 (Mains) and 41 (Counterclaim), respectively, and the above court appealed from D on April 22, 2016.