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(영문) 창원지방법원 2015.09.24 2014가단78341
소유권말소등기
Text

1. Defendant B’s registration of the Changwon District Court and November 15, 2013 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. The facts under the basis of the facts are either in dispute between the parties or in the entry of Gap evidence 1 to 10, Eul evidence 1 to 10 (including the numbers, hereinafter the same shall apply) and the whole purport of the pleadings.

A. On November 13, 2013, the Plaintiff entered into a sales contract with Defendant B on each of the real estate listed in the separate sheet owned by the Plaintiff, and the Plaintiff first completed the registration of ownership transfer with Defendant B, and thereafter Defendant B paid the purchase amount of KRW 1.35 billion to the Plaintiff, and the Plaintiff paid the purchase amount of KRW 1.35 billion with each of the real estate listed in the separate sheet as security, and paid the remainder by paying the purchase amount of KRW 700 million to the Plaintiff.

(hereinafter, this case's sales contract). B

On November 15, 2013, the Plaintiff completed the registration of ownership transfer for each real estate listed in the separate sheet to Defendant B.

C. After completing the registration of ownership transfer of each real estate listed in the separate sheet as above, Defendant B completed the registration of ownership transfer of the real estate Nos. 1 and 2 in the separate sheet as to November 15, 2013, the establishment of the neighboring mortgage of the debtor B and the mortgagee E, and the said registration was cancelled on November 29, 2013.

On November 29, 2013, Defendant B completed the registration of creation of a neighboring mortgage by the Defendant with respect to each real estate listed in the separate sheet, the maximum debt amount of which is KRW 525 million, B, and the mortgagee.

(hereinafter, hereinafter, the registration of creation of a neighboring mortgage of this case).

On December 5, 2013, Defendant B completed the registration of creation of a neighboring mortgage in F, with respect to the attached list Nos. 1 and 2, the maximum debt amount of KRW 60 million, B, and the mortgagee F, and the registration of establishment of a neighboring mortgage in F, was cancelled on December 30, 2013.

On January 9, 2014, Defendant B completed the registration of the establishment of a mortgage between the maximum debt amount of KRW 100 million, the debtor B, and the mortgagee G with respect to the attached list Nos. 1 and 2, and the registration of the establishment of a mortgage in the above G name was cancelled on April 14, 2014.

(f).

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