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(영문) 서울중앙지방법원 2016.10.13 2016가단57176
소유권이전등기말소
Text

1. As to the Plaintiff’s share 9.56/7/4118 of the 4118m2 in Gwanak-gu, Seoul Special Metropolitan City D, Seoul Special Metropolitan City 418m2:

A. Defendant B.

Reasons

1. Basic facts

A. On August 1, 1980, the Plaintiff purchased 15.79/79/418 of shares and 15.21 of the building on its ground from the Inhee Development Co., Ltd. (hereinafter “instant land”), and completed the registration of ownership transfer in the name of each of the Plaintiff on August 6, 1980 for the land share, and on the 5th of the same month for the building.

B. Around that time, the Plaintiff and Dong Dongin acquired ownership of 9.56/7 of the instant land and the ownership of 26 of the underground room among the buildings on its ground.

C. Meanwhile, the Korea Credit Guarantee Fund, a creditor of indemnity against E, who is the Dong name, applied for a compulsory auction on real estate owned by Dong name, F. On December 14, 2005, the above court decided to grant permission for sale to Defendant B.

However, through the above auction procedure, among the land of this case, 9.56/7 of the Plaintiff’s share of 4118 among the Plaintiff’s share that is not the Dong name E (hereinafter “the Plaintiff’s share”), the registration of transfer of ownership as stated in Section 1(a) was completed in the name of the Defendant B on the ground of a compulsory auction as of December 28, 2005, and thereafter, the registration of transfer of ownership as stated in Section 1(b) was completed in the name of Defendant C on the ground of sale as of March 19, 208.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 through 9 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff sold or disposed of the Plaintiff’s share to Defendant B.

As the auction procedure for the shares of the plaintiff and Dong-in, the registration of ownership transfer for the shares of the plaintiff in this case has been completed by mistake.

In the end, the above registration is not consistent with the substantive relationship, so it should be cancelled as the registration of invalidity of cause.

B. Defendant B’s assertion completed the registration of ownership transfer of the Plaintiff’s share through lawful auction procedure, and Defendant C.

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