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(영문) 대구지방법원서부지원 2015.10.08 2015가단33179
근저당권말소
Text

1. On October 29, 2002, the Defendant shall provide the Plaintiff with a deputy branch of the Daegu District Court on each real estate stated in the attached list.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), each registration of ownership transfer was completed on July 3, 2002 from D, the former owner of the instant real estate, on July 3, 2002 to C.

B. On June 27, 2011, the Plaintiff filed a lawsuit against D and C on June 27, 201, under the premise that, since each of the instant real estate was purchased from D and entrusted to C with the name of the husband and wife, the above title trust agreement becomes null and void and any change in real rights thereby becomes null and void, and on the premise that “C shall implement the procedure for cancellation registration of each of the instant real estate to D, and D shall implement the procedure for cancellation registration of ownership transfer registration of each of the instant real estate, and D shall implement the procedure for ownership transfer registration of each of the instant real estate to the Plaintiff.” The Plaintiff was rendered a favorable judgment in full favor of the Plaintiff from the above court on November 18, 2011, and the above judgment became final and conclusive at that time.

C. On October 29, 2002, the Defendant completed the registration of creation of a neighboring mortgage on each of the instant real property in the Daegu District Court Branch C, which was rendered by the debtor C, with respect to each of the instant real property on October 29, 2002.

(hereinafter “each of the instant collective security interests” and the registration of establishment is referred to as “each of the instant collective security interests”).

On the other hand, on March 30, 2015, after the Plaintiff filed the instant lawsuit, the Defendant filed an application for the auction of real estate rent with the Seo-gu District Court Branch support E based on each of the instant collateral security rights. On March 31, 2015, the Defendant received the order to commence the auction of real estate rent from the said court.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The plaintiff asserted that D's right to claim the transfer registration of ownership against D and the right to claim the cancellation registration of D's ownership as preserved bond, and the above D' and C are implemented the procedure for cancellation registration of each of the instant collateral security registration against the defendant in sequential subrogation.

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