소유권이전등기말소 청구의 소등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff, a company engaged in the purchase of non-performing loans and the asset management business of purchased bonds, was acquired by the Industrial Bank of Korea in sequence from the Industrial Bank of Korea to B (hereinafter “debtor”) on December 2014.
The debtor company owned each real estate listed in the separate sheet Nos. 1 and 2 from around 2003. The debtor company completed the registration of transfer of ownership as the receipt No. 56015 on June 15, 2006 to the defendant on the ground of sale and purchase as of June 12, 2006.
On August 30, 2007, the debtor company established the right to collateral security of KRW 120,000,000 with respect to each immovable set forth in the separate list Nos. 3 and 4 owned by the debtor company. Accordingly, on September 3, 2007, the registration of the establishment of the right to collateral security was completed as No. 102838, which was accepted on September 3, 2007 by the Jung-gu District Court's registry office.
On May 11, 201, 201, upon a motion of the creditor of the debtor company, a compulsory auction was commenced for the above immovables. In the above auction procedure, the defendant received dividends of KRW 120,000,000 as a mortgagee on February 24, 2014.
(Li-Government District Court C). The debtor company closed its business around 2014, and the debtor company did not own any real estate as of September 28, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, and 7 (a serial number is included; hereinafter the same shall apply), the inquiry results about the court administration office of this court about the purport of the whole pleadings, the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's claim for cancellation of the registration of ownership transfer, were made for the debtor company even after the ownership was transferred from the debtor company, the defendant set up a collateral security on the above real estate for the debtor company, and the purchase price in the copy of the register on the above real estate is inconsistent with the defendant's claim, and the other time of payment of purchase price, time of transfer of registration, etc. do not coincide with the ordinary transaction practices.