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(영문) 대구지방법원 2016.10.20 2016나304636
소유권말소등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 13, 2014, the Plaintiff completed each registration of ownership transfer for each real estate listed in paragraphs 1 through 3 of the Attached List on the same day, and completed each registration of ownership transfer for each real estate listed in paragraphs 4 and 5 of the Attached List on May 16, 2014 on May 13, 2014.

(hereinafter referred to as "each real estate of this case" in the attached list)

On May 16, 2014, the Plaintiff acquired the collateral security obligation of KRW 520,00,000 against the remaining community credit cooperatives of the former owner D, which was established with respect to each real estate listed in the separate list Nos. 1 through 3, 201.

C. In addition, on May 16, 2014, the Plaintiff completed the registration of creation of the right to collateral security of the Plaintiff and the maximum debt amount of KRW 274,300,000 with respect to each real estate listed in the separate list Nos. 4 and 5, as indicated in the separate list.

On July 21, 2014, each of the instant real estates was completed from the Plaintiff on July 21, 2014 by the Daegu District Court on July 14, 2014, as the receipt of No. 7299 on July 21, 2014 (hereinafter “each of the instant registrations of transfer of ownership”).

E. On August 1, 2014, Co-Defendant C of the first instance trial completed the registration of creation of a right to collateral security of KRW 70,000,000 for each of the instant real property.

[Ground for recognition] The facts without dispute, Gap evidence No. 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff 1’s assertion by the parties did not enter into any sales contract on the premise that the Plaintiff had agreed with the Defendant in relation to each of the instant real estate.

At the time, the Plaintiff was affiliated to E and certified judicial scrivener F, who introduced the Defendant, and had the documents necessary for the transfer of registration of each real estate of this case kept F, but they had completed the registration of each of the instant real estate transfer to the Defendant without the Plaintiff’s consent.

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