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(영문) 서울중앙지방법원 2019.01.17 2018가단30878
근저당권말소 등 청구의 소
Text

1. Defendant B Co., Ltd. is the Suwon District Court’s registration office with respect to the size of 2,958 square meters prior to Gyeonggi-si G.

Reasons

1. Basic facts

A. On October 10, 2013, the Plaintiff and H purchased the remaining 2,959 square meters, excluding 469 square meters, which were used as a road site, among 3,428 square meters (hereinafter “instant land before the instant partition”) owned by Pyeongtaek-si G prior to its ownership (hereinafter “instant land”).

(hereinafter “instant trade”). (b)

On December 2, 2013, the Plaintiff and H, who paid the purchase price, received on December 2, 2013 the transfer registration of co-ownership shares in shares, 1,479.5 shares of each of 3,428 on the instant land before subdivision.

C. Since then, the registration of collateral security by Defendant B Co., Ltd. and the registration of seizure or provisional seizure of the remainder of the Defendants stated in the purport of the claim as to the portion of I’s share of land before the instant partition was completed.

Meanwhile, in the case of Seoul Central District Court 2017Kadan43143, which filed a partition of co-owned property against I as to the instant land before the instant partition, the Plaintiff and H (hereinafter “Plaintiff, etc.”) rendered a conciliation decision on December 15, 2017 to the effect that the instant land, among the land before the instant partition, belongs to the part purchased by the Plaintiff, etc. through the instant purchase and sale, shall be jointly owned by the Plaintiff, etc. and that the remaining land shall be divided into the sole ownership of the Plaintiff, etc., and the conciliation decision was concluded on January 6, 2018. Accordingly, on March 7, 2018, the instant land before the instant partition was divided into the instant land and the land at issue, which was divided into 470 square meters before Pyeongtaek-si, and on March 30, 2018, the Plaintiff, etc.’s share transfer registration was jointly owned by the Plaintiff, etc. on March 30, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2 and 12 (including virtual number), the purport of the whole pleadings

2. As to the claim against Defendant B

A. Since the land in this case was owned by only the plaintiff et al. due to the indication of the partition of co-owned property, the registration of the right to collateral security stated in Paragraph 1 as to the shares of I shall be null and void, and the defendant B shall be the defendant corporation.

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