(영문) 제주지방법원 2020.08.27 2019가단57093

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Reasons

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자간(%)

(영문) 제주지방법원 2020.08.27 2019가단57093

소유권이전등기

Text

1. All claims against the Defendants are dismissed.

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

Reasons

Facts of recognition

In full view of the facts without dispute and the evidence and the purport of the entire pleadings submitted by the plaintiff and the defendant, the following facts can be acknowledged:

Attached Form

(1) On March 20, 1985, the registration of ownership transfer was completed in the name of the plaintiff on the real estate stated in the list (1), (2). Pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500), the registration of ownership transfer (No. 22521, Jun. 5, 2008) was completed in the name of the defendant B on June 5, 2008 due to the gift from May 18, 1993. The registration of ownership transfer (No. 22526, Jun. 5, 2008) was completed in the name of the defendant C, the ownership transfer (No. 44326, Jun. 6, 2018) was completed in the name of the defendant C, the registration office of Jeju District Court No. 44326, Aug. 6, 2018, the real estate listed in the list (2) was completed in the name of the defendant C (No. 2625, 2085, 265).25).

The plaintiff's each real estate stated in the separate sheet of the plaintiff's assertion and the judgment are provided to the plaintiff.

However, there is no evidence that the Plaintiff donated the real estate to the Defendants, Makman.

Therefore, each registration of ownership transfer and registration of ownership preservation completed in the name of the defendants in accordance with the Act on Special Measures for the Registration of Ownership Transfer, etc. (Act No. 7500) should be cancelled since it is invalid.

In addition, Defendant C is conducting auction because it did not pay the principal and interest of the D Association with each of the real estate listed in the separate sheet as collateral. Defendant C, without any authority as to each of the real estate listed in the separate sheet, set up a collateral security to D Association and took out a loan of KRW 478,356,090 to the Plaintiff, thereby compensating for the amount.

Judgment

The Act on Special Measures for the Registration, etc. of Ownership of Real Estate has been completed.

참조조문

-부동산소유권 이전등기 등에 관한 특별조치법

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