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(영문) 광주고등법원 2016.01.20 2015나10072

소유권말소등기

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Purchase of each land listed in the Plaintiff’s separate sheet and C’s investment 1) Plaintiff (the name before the opening is F.

2) The Plaintiff’s remaining South-North Korea living together with the Plaintiff (hereinafter referred to as “Plaintiffs, etc.”) refers to the Plaintiff and D.

) Each land listed in the separate sheet (hereinafter referred to as “each apartment site of this case”) shall be

A business that newly constructs apartment on a 78-household scale (hereinafter referred to as “instant apartment construction business”).

In order to promote B, each of the instant apartment sites was to purchase KRW 750 million in total. Accordingly, on September 8, 201, the Plaintiff entered into a sales contract on each of the lands listed in the separate sheet Nos. 1 through 4, and entered into a sales contract with X on each of the lands listed in the separate sheet Nos. 5 and 6, respectively, and on the same day, completed the registration of ownership transfer on each of the instant apartment sites based on each of the above sales contracts. 2) C introduced the Plaintiff from E and invested KRW 300 million in the instant apartment construction project around September 201.

B. The Plaintiff’s debt 1 related to each apartment site of this case) around September 8, 201, the Plaintiff is a strong credit cooperative (hereinafter “Gjin-gu”) with the purchase fund for each apartment site of this case around September 8, 2011.

(2) In order to secure the obligation of the loan, a mortgage agreement was concluded between Jinjin-gu and the Jinjin-gu on each apartment site of this case with respect to each apartment site of this case, and the establishment registration of a mortgage was completed in the name of Jinjin-gu with respect to each apartment site of this case on the ground of the said mortgage agreement. (2) A limited liability company of Jinjin-gu (hereinafter referred to as "Jinsung-Jung-Jung") filed an application against the plaintiff for provisional attachment of the claim amount of KRW 200 million with respect to each apartment site of this case on September 30, 2011, and on the same day, the provisional attachment registration was made upon entrustment of the above court on the same day.