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(영문) 광주지방법원 2014.06.19 2013가단6181 (1)
소유권이전등기말소 등
Text

1. The plaintiff

A. As to the real estate listed in paragraph (1) of the attached list No. 1, Defendant B shall be the registry office of the Gwangju District Court on Nov. 1, 2009.

Reasons

Facts of recognition

The plaintiff is E's wife, defendant B is F's wife, defendant D is F's partner, and defendant C is F's member.

E, around October 209, between F and F, entered into an agreement with F to change the nominal owner of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant building”) and the real estate listed in Paragraph (2) of the attached Table No. 2 (hereinafter “instant forest”) in which E completed the registration of ownership transfer in the name of the Plaintiff, into the Defendant B, who is the wife of F. With respect to the instant building without any actual secured obligation, Defendant D entered into an agreement with F to make the registration of establishment of each of the instant forest under the name of the Defendant C with respect to the instant forest.

In accordance with the above agreement, on October 15, 2009, the Plaintiff entered into a mortgage contract on the building of this case with Defendant D, and ordered 1-B of the following day.

As described in paragraph (1), the establishment registration of a mortgage over the maximum debt amount of KRW 60 million was completed in the name of Defendant D.

On November 12, 2009, the Plaintiff entered into a sales contract for the instant building and forest land with Defendant B, and on November 13, 2009, ordered the instant building No. 1-A.

The registration of ownership transfer, such as the entry in the port, and the disposition No. 1 concerning the forest of this case on November 16, 2009

The registration of ownership transfer was made in the name of each defendant B, such as described in paragraph.

On November 12, 2009, Defendant B entered into a contract to establish a mortgage on forest of this case with Defendant C. It is ordered as of November 16, 2009.

As described in paragraph (1), the establishment registration of a collateral for the maximum debt amount of KRW 15 million was completed in Defendant C’s name.

E and F were sentenced to a fine of KRW 2 million for a violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name in the Gwangju District Court Decision 2011Da1071 on May 9, 2012. Accordingly, the Defendants appealed to the same court 2012No858, but the said Defendants were sentenced to the dismissal of appeal on August 22, 2012, and again, the said Defendants were sentenced.

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