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(영문) 울산지방법원 2016.01.29 2015가단51783

소유권이전등기

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 26, 1960, registration of preservation of ownership was completed by the Ulsan District Court No. 19966 under the name of Ulsan District Court D ( Address: Yangsan-gun E, hereinafter referred to as "land titleholder").

B. On November 13, 2005, F asserted that the prescriptive acquisition has been completed by the Ulsan District Court 2005da38743 against the above land titleholder, and that F claimed the ownership transfer registration of the instant land, and the relevant warden did not appear in the court on January 20, 2006 due to the failure of B to appear in the court even after being served.

C. On February 27, 2006, the above F completed the registration of ownership transfer on the land of this case on the ground of the completion of the acquisition by prescription on the land of this case based on the judgment in favor of the above non-litigation. On January 7, 2008, the above F completed the registration of ownership transfer on the ground of the sale on December 27, 2007 to the Plaintiff and the YYDC Co., Ltd. and the registration of ownership transfer on each one-half of the shares of this case.

On January 22, 2008, the Nam Changwon Agricultural Cooperative Co., Ltd. completed the registration of creation of a mortgage on the entire shares in the land of this case and the land of 17 lots, which are different from the maximum debt amount, as joint collateral, by setting the debtor as 5.85 million won. After the plaintiff and the above corporation, the plaintiff and the above corporation, YIDDDDDDDDDDDDDD Co. on June 30, 2008, sold all shares in the land of this case to Switzerland Construction Co.

7.1. The registration of ownership transfer was completed.

E. Since then, around March 2009, the above Nam Changwon Agricultural Cooperative applied for voluntary auction on the land of this case based on the above right to collateral security, but withdrawn on September 13, 2010, and again applied for voluntary auction on the land of this case based on the above right to collateral security on January 1, 2011. ② On November 24, 201 of the same year, Goen Changwon Agricultural Co., Ltd. paid the successful bid price in full and completed the registration of ownership transfer on the land of this case. ③ On August 7, 2012, the defendant completed the registration of ownership transfer on the land of this case from the above Losdi Co., Ltd. on June 8, 2012.