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(영문) 서울남부지방법원 2015.11.20 2014가단37341
소유권이전등기
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land stated in the purport of the claim (hereinafter “instant land”) is originally registered as owned by one other than the network F, and the G Balance Development Promotion Committee (hereinafter “Committee”) completed the registration of transfer of ownership on the ground of real name restoration on April 15, 2008 against the heirs, including F, etc. on March 12, 2008, based on the Seoul Southern District Court’s protocol of mediation 2006Da41215 on March 12, 2008.

B. On October 8, 2011, the registration of ownership transfer was completed for each one-seven portion of the instant land under the name of the Defendant, etc. on November 8, 201, when the Defendant, etc. purchased at KRW 330,400,00 on October 27, 201 in the voluntary auction procedure commenced by Seoul Southern District Court I and J (Dual) with respect to the instant land upon the application of the Appointer H and the Defendant.

[Reasons for Recognition] Nos. 2, 13, 1, 2 and the purport of the whole pleadings

2. Judgment on the main defense as to the main claim part

A. Under the premise that the commission is an organization that is recognized as a partnership under the Civil Act, at the time when the registration of transfer of ownership was completed under the name of the commission on the instant land, Plaintiff A owned 2/10 shares and 1/10 shares of Plaintiff B Religious Organization C Educational Association (hereinafter “Plaintiff church”). However, the Defendant et al. purchased the instant land through auction by exercising the right to collateral security based on false claims for which no secured claim exists, asserting that the Defendant et al. purchased the instant land through an auction, the Plaintiff et al. sought cancellation of the registration of transfer of ownership under the name of the Defendant et al., which is invalid

(b) The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to the statements in Gap evidence 2, Gap evidence 3, Gap evidence 7, Gap 39, Gap 40, Eul evidence 1, Eul evidence 4, Eul evidence 6, Eul evidence 8, Eul evidence 10, Eul evidence 11, Eul evidence 16, and Eul evidence.

(1) The commission shall.

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