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(영문) 서울중앙지방법원 2015.09.10 2014가단5149687
근저당권 등 말소회복등기 청구의 소
Text

1. Daily Construction Co., Ltd. is about each real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. Defendant C: (a) on August 6, 1992 with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by the network D and E, the same month as 8414 received by the Hongcheon District Court on August 6, 1992.

5. The establishment registration of the right to collateral security (hereinafter “instant right to collateral security”) which causes 180,000 won of the maximum debt amount based on the contract to establish the contract was completed.

B. On May 24, 1993, F completed the registration of creation of a neighboring mortgage on each of the instant real estate, on June 10, 1994, F transferred the said right to collateral to Geumcheonsan Agricultural Cooperative (which is currently the Namcheon Agricultural Cooperative). The Seosan Agricultural Cooperative filed an application for voluntary auction (hereinafter “instant auction”) with Gincheon District Court with regard to each of the said real estate.

C. In the auction procedure of this case, the plaintiffs were awarded a bid on June 20, 2006 at the 1/2 ratio of each of the instant real estate, and the registration of ownership transfer was completed on August 7, 2006. Accordingly, the registration of establishment of the instant real estate was revoked in accordance with Article 16084 of the Hongcheon District Court’s receipt of the registration office of Hongcheon District Court on the same day at the request of the enforcement court.

In addition, on July 24, 2006, the network D and E received 180 million won as the mortgagee of the instant case.

On December 12, 2011, the Plaintiffs sold 5,6 real estate listed in the attached list to H and I and completed the registration of ownership transfer.

E. On February 24, 2012, Defendant C filed a lawsuit against the Plaintiffs, H, and I (hereinafter “Plaintiffs, etc.”) seeking registration of cancellation of ownership transfer registration under the Seoul Central District Court Decision 2012Kadan46642, which rendered a judgment ordering the Plaintiffs, etc. to comply with the procedure for registration of cancellation of ownership transfer registration on the ground that the original copy of the decision to commence the instant auction was not duly served on the Defendant C, who is the debtor and the owner. The Plaintiffs, etc. appealed from the appeal, and all appeals were dismissed, and the said judgment became final and conclusive on January 23, 2014.

F. The Plaintiffs.

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