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(영문) 대구지방법원서부지원 2017.08.16 2016가단7795

소유권말소등기등

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant A specified the sequence of each land listed in the separate sheet owned by F (hereinafter referred to as “individual land”), and completed the provisional registration of ownership transfer claim on August 20, 1997 as to each land listed in the separate sheet owned by F (hereinafter referred to as “each land of this case”) on December 19, 196. < Amended by Act No. 5193, Dec. 19, 1996>

(Supplementary registration of the Daegu District Court and the provisional registration of this case in total, No. 39135, August 20, 1997, hereinafter "the provisional registration of this case"). (b)

On January 9, 2009, Defendant A completed the registration of ownership transfer on each of the land of this case on the ground of sale from January 5, 2009 based on the provisional registration of this case.

(Registration at the same court and received on January 9, 2009, No. 2444). (c)

Defendant B (F-friendly and Defendant C’s spouse) and Defendant C completed the registration of ownership transfer on March 3, 201 due to the gift made on March 3, 2011.

(Registration at the same court and received on March 8, 201, No. 28634). D.

On June 27, 2011, the present agricultural cooperative completed the registration of creation of a mortgage on each of the instant land. At the auction procedure conducted based on the above right to collateral security, Defendant D’s land (registration in the same court and receipt No. 4985 on January 13, 201) and land No. 2 (registration in the same court and receipt No. 3635 on January 9, 2014) completed each registration of transfer of ownership by winning the auction, and Defendant E completed the registration of transfer of ownership by winning the third land (registration in the same court and the same land No. 185860 on December 19, 201).

E. The defendants' legal relationship changes in each land of this case are as stated in the annexed sheet of changes in rights.

F. Meanwhile, on the other hand, the Plaintiff filed a lawsuit against F in relation to the claim for the amount of the assignee fee, and on June 13, 2013, the Daegu District Court rendered a judgment ordering F to pay the Plaintiff the amount of KRW 640 million and delayed payment as to the principal amount.

(As of June 30, 2013, 2012Gada61961). 【No dispute exists with the ground for recognition, the number of evidence Nos. 1 and 2.