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(영문) 대구고등법원 2014.11.20 2014나469
원상회복등기등
Text

1. The plaintiff's real estate stated in attached Table 2 against the defendant B added at the trial among the lawsuit of this case.

Reasons

1. Basic facts

A. On Nov. 29, 2004, the registration of ownership transfer was completed in the name of the Hand home industry development corporation (hereinafter "Hand home") on the first real estate on Nov. 29, 2004, and the registration of ownership transfer was completed in the name of the Plaintiff on Apr. 28, 2008 (the transaction price of KRW 440 million). On July 9, 2008, the registration of ownership transfer in B (hereinafter "the first ownership transfer") was completed on the grounds of the exchange on May 26, 2009, and the registration of ownership transfer in C (hereinafter "the second ownership transfer") was completed on May 26, 2009.

On the other hand, with respect to the real estate No. 1, the registration of the establishment of a neighboring mortgage was completed on April 28, 2008 with respect to the maximum debt amount of KRW 300 million, the debtor, the plaintiff, the National Agricultural Cooperative Federation of Korea (hereinafter "CF"), and on July 18, 2008, the registration of the alteration of the right to collateral security (hereinafter "registration of alteration of the right to collateral security") was completed on July 18, 2008. On September 24, 2009, the registration of alteration of the right to collateral security (hereinafter "registration of alteration of the second right to collateral security") made the debtor C with respect to the acquisition of the right to collateral security (hereinafter "registration of alteration of the right to collateral security") was completed on September 24, 2009.

B. On November 29, 2004, the registration of ownership preservation was completed in the name of Hand home on the second real estate, and on June 4, 2008, the registration of ownership transfer was completed in the name of B due to the trading on June 4, 2008 (the transaction price of KRW 440 million) and the registration of ownership transfer was completed in the name of the plaintiff on July 9, 2008.

On the other hand, on June 4, 2008, the registration of change of the right to collateral security made the debtor as the plaintiff was completed on the ground of the contract acquisition on July 18, 2008. The registration of change of the right to collateral security made the debtor as the plaintiff was completed on the ground that the registration of establishment of the right to collateral security was completed on June 4, 2008.

【Ground for recognition” has no dispute, Gap No. 14.

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