소유권말소등기
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
1. Facts of recognition;
A. The Plaintiff was the owner of each real estate listed in the separate sheet Nos. 1 through 7 (hereinafter collectively referred to as “the instant land”).
On the other hand, the transfer registration of ownership in G was completed with respect to the land size of 39,273 square meters in the Suwon-si District in the development-restricted area (hereinafter “instantly permissible real estate”).
B. As to the land of this case, the registration of the establishment of a neighboring mortgage (the maximum bond amount of KRW 546,00,000,000, the secured debt amount of KRW 420,000 and KRW 3,000,000 per month) was completed on the land of this case.
As to the real estate in the instant case, the registration of the establishment of a collateral security (the maximum amount of claims 30,000,000 won), provisional attachment registration (the claimed amount 362,647,830 won) by creditor trustee in bankruptcy, the registration of the establishment of a collateral security (the maximum amount of claims 100,000 won), the registration of the establishment of a collateral security (the maximum amount of claims 50,000,000 won) by creditor K, respectively, was completed.
(hereinafter) As above, four secured mortgages and provisional seizures established with respect to the instant real estate are collectively referred to as the “instant secured properties, etc.”).
On August 10, 2012, E representing G by asserting that he/she was the actual owner of the instant permissible real estate with H (referring to the Plaintiff’s referring) representing the Plaintiff and that he/she was the actual owner of the instant permitted real estate, concluded a contract with the Plaintiff to exchange shares 9,917.4 (a specific portion of approximately 3,00 square meters, hereinafter “instant permissible land”) (hereinafter “instant exchange contract”) among the instant land and the instant permissible real estate, and the main contents are as above.
The exchange value of the land of this case is KRW 30 million, and the exchange value of the land of this case is KRW 750,000,000.
G (E) The G (E) shall complete termination of the instant right to collateral security, etc. within one week from the date of receipt of KRW 100 million, and if the said matters are not fulfilled within seven months, the registration shall be transferred to another additional 3,000 in addition to the instant permitted land.
The instant case is Leecheon-cheon.