소유권이전등기말소등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B owned the Gangseo-gu Busan Metropolitan Government 3,306 square meters (which was divided into Gangseo-gu Busan Metropolitan Government E on January 22, 2008).
B. As to the share of 1653/306/330 of the above D 3,306 square meters (hereinafter “the instant real estate”), the registration of ownership transfer was completed on the same day with the Busan District Court No. 1604 on January 28, 2008 (hereinafter “the instant registration of ownership transfer”) in Defendant B, as to the share of 1653/30 of the remaining 3,306 square meters, from Defendant B, the registration of ownership transfer was completed on the same day with the Busan District Court No. 1605 on January 28, 2008.
C. On January 31, 2008, on the instant real estate, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) comprised of the mortgagee-mortgaged agricultural cooperatives (hereinafter “NFF”), the debtor C, the debtor, the maximum debt amount of KRW 260,000,000, was completed. On January 31, 2008, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) was completed on the part of the plaintiff, non-party G, the debtor, the maximum debt amount of KRW 50,000,000.
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff asserted that the Plaintiff purchased the above real estate from Defendant B, who was the owner of the instant real estate. As to the shares of 1158/306 (hereinafter “first shares”), the Plaintiff held title trust with Defendant C due to the circumstance that it cannot be avoided. As to the remaining shares of 495/306 (hereinafter “second shares”), the Plaintiff sold the remaining shares to Defendant C.
Since then, in Defendant B, the ownership transfer registration of this case was completed in Defendant C, and the Plaintiff purchased shares No. 2 from Defendant C again.
The Plaintiff sought to Defendant C the implementation of the registration procedure for ownership transfer of the first and second shares, but Defendant C rejected such request.
No. 1. between the Plaintiff and the Defendant C