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(영문) 인천지방법원 부천지원 2018.02.14 2017가단105380

근저당권말소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On February 15, 2017, the Plaintiff filed a lawsuit seeking transfer of land, etc. (hereinafter “instant building”) with the Incheon District Court Branch of the Incheon District Court as Defendant C and D, and upon receiving payment of KRW 8,418,620 from the Plaintiff, the said court rendered a judgment to the effect that C shall deliver the real estate indicated in the separate sheet (hereinafter “instant building”) and D shall withdraw the said real estate, and on July 21, 2017, the appellate court of the instant case rendered a decision to the effect that C shall remove the instant building from the Plaintiff by September 30, 2017, and that C shall pay KRW 10,000,000 to C.

B. C completed the registration of ownership transfer as to the instant building on October 9, 2012. On January 3, 2013, the Plaintiff completed the registration of ownership transfer as to the instant building. On the same day, upon receipt of the decision of provisional disposition prohibiting the disposal of real estate under the Incheon District Court Branch Branch Decision 2012Kadan4716, the Plaintiff completed the said provisional disposition registration under the Incheon District Court Branch Branch Decision 712.

B. As to the building of this case on August 31, 2007, the Defendant completed the registration of the obligor E, the maximum debt amount of KRW 470,000,000, the creditor Incheon District Court’s Branch Branch of the creditor Incheon District Court, and the registration of the establishment of the right to collateral security, which was enacted No. 114600, August 31, 2007.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 through 4 (including various numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Ex officio determination

A. The plaintiff's assertion that the plaintiff paid KRW 10,00,000 to C and received the part of the site after the removal of the building of this case. Thus, it is deemed that the purchaser of the building of this case is in the position of purchaser of the building of this case, as well as that the person can assert the invalidity of the legal act. Since the contract to establish the right to collateral security between E and the defendant on August 31, 2007 becomes null and void by a false agreement, the defendant shall implement the registration procedure