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(영문) 서울고등법원 2015.12.03 2015나2010750
근저당권말소
Text

1. Of the judgment of the first instance, the part against the Defendants, including the claims added and expanded in the trial.

Reasons

1. Basic facts

A. The Plaintiff entered into the instant sales contract with G and H on December 6, 1995, purchased each of the real estates listed in the separate sheet (hereinafter “each of the instant lands”) from G and H in the aggregate of KRW 220,000,000,000, together with each of the 1/3 equity shares.

B. The registration process of the instant forest land is 1) The real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant forest”).

On March 16, 1996, the ownership transfer registration under H was completed on November 7, 1996, and on June 25, 1998, the ownership transfer registration under the name of G was completed with respect to one-third of the two-thirds shares in H's name as to the one-third shares in the name of G, and on October 23, 2003, on October 13, 2001, the ownership transfer registration under the name of Defendant B was completed on October 13, 2001, and on May 9, 2007, the registration was completed on May 1/6, 200 where the Plaintiff's right to claim the ownership transfer registration was prohibited from disposing of the Plaintiff's right to claim the ownership transfer registration.

C. As to each real estate listed in paragraphs 2 and 3 of the Schedule Nos. 2 and (3) of the annexed Table Nos. 2 and (3) of the instant reply (hereinafter “the instant reply”), the ownership transfer registration was completed on June 24, 1996, and on June 25, 1998, the establishment registration of a neighboring mortgage in the name of the obligor H, the mortgagee H, the mortgagee F, and G (hereinafter “registration in the name of the networkF”) was completed.

(1) On October 13, 2001, the deceased on October 13, 2001, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on April 19, 2007, the plaintiff filed a lawsuit against the defendant B, H, and I on April 19, 207, such as cancellation of the ownership transfer registration (U.S. 2007Kadan1482). The plaintiff's claim against the defendant B against the defendant on the part of the deceased on the part of the deceased on the part

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