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(영문) 서울중앙지방법원 2016.08.31 2015나29342
근저당권말소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. From May 2005, the Z received a proposal from the Plaintiff for purchase of each real estate listed in the list of the real estate owned by the Plaintiff (hereinafter “instant real estate”) from a police officer on August 2005, when operating AA Co., Ltd. (hereinafter “A”), a fund for the purpose of offering the instant real estate as security from the Plaintiff’s investors, despite the lack of intent and ability to pay the purchase price, would immediately pay KRW 10 billion with a loan of land owned by the Z as security. Accordingly, the Z deceiving the Plaintiff to reach the registration of ownership transfer on November 25, 2005 (hereinafter “the instant sales contract”). The transfer registration of ownership in the name of the Plaintiff for the instant real estate on November 25, 2005 (hereinafter “real estate”), which was based on the sale and purchase registration on November 1, 2005 (hereinafter “the instant real estate”).

(1) The former District Court, the District Court, the District Court, the District Court, on November 25, 2005, issued No. 9321, Nos. 2 through 7 (hereinafter referred to as “the Second Real Estate”).

(3) On November 25, 2005, No. 14169, Nov. 25, 2005, the Cheongju District Court, Young-dong Branch, etc., completed the instant transfer of ownership (hereinafter “instant transfer”).

B. The Z concluded a mortgage agreement with Defendant Q, R, S, T, U,V, W, andY regarding the first real estate as indicated in the attached Table 2 collateral list, and with respect to the second real estate, the establishment of a mortgage agreement with Defendant Q, Q, R, S, T, V, W, andY (hereinafter “instant mortgage agreement”) was completed.

C. The plaintiff asserts that the registration of the transfer of ownership of this case was invalid on the ground that the contract of this case was revoked due to deception of Z, or the above contract was revoked due to unpaid purchase price of Z, and filed for the registration of the cancellation thereof against the Z.

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