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(영문) 서울중앙지방법원 2015.12.15 2014가단5236734

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 18, 2006, the Plaintiff, while owning the instant real estate, donated 1/2 shares of the instant real estate to Defendant and ASEAN, respectively, and accordingly, the instant registration of ownership transfer was made in the Defendant and D in the future with respect to each one-half shares of the instant real estate, and thereafter, on December 1, 2012, D’s shares on the instant real estate purchased by the Defendant on December 1, 2012 and completed the registration of ownership transfer on January 8, 2013.

B. Meanwhile, as of February 22, 1991, the instant real estate: (a) the maximum debt amount was KRW 45 million; (b) the debtor; (c) the debtor; (d) the mortgagee; and (d) the mortgagee; (d) the mortgagee; (e) the mortgagee; (e) the mortgagee; (e) the mortgagee; and (e) the 2-mortgage, which became a car sales company with the mortgagee as of December 28, 1998; (e) the amount of the right to lease on a deposit basis as of April 18, 200; (e) the amount of the right to lease on a deposit basis as of KRW 4,5 million; (e) the amount of the right to lease on a deposit basis as of KRW 25,00,00; and (e) the amount of the right to lease on a deposit basis as of KRW 5,00 on November 4, 200; and (e) the amount of the right to lease on a deposit basis as of KRW 15,5, 2000.5.6.5.

C. On September 16, 2005, sublime Saemaul Community Fund applied for a voluntary auction on the instant real estate. On October 4, 2006, the Defendant paid KRW 73,667,776 to the East sublime Saemaul Community Credit Depository for the repayment of the principal and interest of loans owed to the Plaintiff. Accordingly, the registration of the decision on voluntary auction on the instant real estate was cancelled on December 29, 2006.

[Reasons for Recognition; Facts without dispute; each of the types of evidence A1 to 5, the purport of the whole pleadings]

2. The plaintiff's assertion

A. Civil Act.

참조조문