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(영문) 대전지방법원 2018.10.17 2017가단223580
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

Attached Form

The maximum debt amount on September 6, 2004, No. 2322, No. 2322, which was received on September 6, 2004, as well as the maximum debt amount on September 6, 2004: KRW 100,000,00,000: the maximum debt amount on September 6, 2004, received on September 6, 2004 on the ownership transfer registration in the name of each real estate indicated in the list, E on August 25, 2004 (the cause of registration: trading on August 24, 2004) (hereinafter referred to as the “each of the instant claims”), which was created on each real estate listed in the separate list, the ownership transfer registration in the E on August 25, 2004 (the cause of registration: the transaction on August 24, 2004): the debtor; Defendant C, E, and D, the Plaintiff between each real estate listed in the separate list, raised against E and D (the Daejeon branch of Daejeon.

In the above lawsuit, the Plaintiff purchased each real estate listed in the separate sheet from D, and the registration of each transfer of ownership in the name of E was based on the three-party registered title trust between the Plaintiff, E, and D, and thus, was null and void in violation of the Real Estate Real Name Act.

The content of the claim was to seek cancellation of each ownership transfer registration of this case by subrogation of D against D, and to comply with the procedure for ownership transfer registration due to sale on July 9, 2004 with respect to each real estate listed in the separate sheet against D.

On January 8, 2015, the claim against E was sentenced to the judgment of winning the plaintiff as a confession, and the judgment became final and conclusive as it is.

With respect to the claim against D, the decision of recommending settlement was finalized on December 11, 2014, and the main contents of the decision are that D shall implement the procedure for ownership transfer registration for the reason of sale as of July 9, 2004 to the Plaintiff when each registration of ownership transfer of this case was cancelled.

[Ground of recognition] A1-1 evidence or A5 evidence of this case is without dispute, and the plaintiff in the summary of the lawsuit of this case as to the defense prior to the merits of this case is described in the separate sheet from D.

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