(영문) 대구지방법원 서부지원 2018.07.04 2016가단54302

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(영문) 대구지방법원 서부지원 2018.07.04 2016가단54302

소유권말소등기등

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1. Defendant B:

(a) the registration of the deputy branch court of the Daegu District Court with respect to the real estate listed in Appendix 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a child of the deceased G and deceased H (hereinafter “the deceased”), and the only heir of the deceased, and the Defendant is a person of I, who is the birth of the deceased G, and is between the Plaintiff and the deceased.

B. The real estate listed in the separate sheet No. 1 (hereinafter “instant land”) and the real estate listed in the separate sheet No. 2 (hereinafter “the instant building”) were owned by the deceased. The Defendant completed the registration of the instant land as to February 7, 1998 and the registration of the ownership transfer based on sale as of February 2, 1998, No. 5256. The Defendant completed the registration of ownership transfer based on the same court registration as to the instant building on January 26, 1999 and the ownership transfer registration based on donation as of January 3576, 199 (hereinafter “each of the instant land and buildings”).

C. As to the instant land and buildings, Defendant C Agricultural Cooperatives (hereinafter “Defendant CF Cooperative”) completed the registration of creation of a mortgage over the maximum debt amount of KRW 75 million on February 3, 1999, and the registration of creation of a mortgage over the maximum debt amount of KRW 52 million on February 22, 2016. On February 25, 2016, Defendant B completed the registration of creation of a mortgage over the maximum debt amount of KRW 5 million (hereinafter “the registration of creation of a mortgage over each of the instant cases”).

[Ground of recognition] For Defendant B and Agricultural Cooperatives: Each entry in Gap evidence Nos. 1 through 6, and 9 (including the number of branch offices), as to Defendant F, as to the purport of the entire pleadings: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. The assertion and judgment

A. The plaintiff alleged by the parties shall cancel the registration of invalidity of cause of each of the instant registrations on the ground that the deceased is a cadastral disabled person and a person lacking will. Defendant C Agricultural Cooperative and Defendant F, the nominal owner of each of the instant registrations on the establishment of a mortgage of each of the instant registrations on the transfer of ownership of the instant case, established on the registration of each

참조조문

-민사소송법 제150조 제3항

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