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(영문) 전주지방법원 2020.10.08 2019나9746
소유권이전등기말소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff against the defendant Industrial Bank of Korea and D is revoked, and this case.

Reasons

1. Basic facts

A. A. Around June 2006, the Plaintiff’s wife F delegated Defendant C with the right to purchase shares of KRW 262,729,240 in total from the account in the name of F or the Plaintiff from June 30, 2006 to October 4, 2006, among the real estate in the name of 433 square meters and 301 square meters and each real estate listed in the attached Table (hereinafter “each real estate in this case”). The Plaintiff’s wife F delegated Defendant C with the right to purchase shares of KRW 262,729,240 in total from the account in the name of F or the Plaintiff’s name.

B. On October 21, 2005, with respect to each of the instant real estate, the procedure of voluntary auction was initiated as I for the Jeonju District Court, Gunsan Branch, and on July 24, 2006, the Plaintiff and J completed on October 25, 2006, with respect to each of the instant real estate at a successful bid of KRW 258,70,000, the successful bid price of KRW 258,700,000 for each of the instant real estate on October 25, 2006, the registration of ownership transfer (hereinafter “registration of ownership transfer with respect to each of the instant real estate completed in the Plaintiff’s name”) due to the sale by voluntary auction on September 20, 206.

C. Defendant B completed the registration of ownership transfer as the receipt No. 66970 on December 11, 2006 with respect to the portion of J 1/2 of each of the instant real estate by reason of sale and purchase on December 11, 2006. Defendant B completed the registration of ownership transfer as to the portion of Plaintiff 1/2 of each of the instant real estate as the receipt No. 66971 on December 11, 2006 by the same registry office.

(hereinafter referred to as "registration of ownership transfer in Defendant B" which was completed as No. 66971 on December 11, 2006.

Defendant C completed the registration of ownership transfer (hereinafter “the registration of ownership transfer in the name of Defendant C”) under the receipt No. 43731 of August 6, 2008 by the Jeonju District Court in the Jeonju District Court on July 31, 2008 due to sale and purchase of each of the instant real estate.

E. As to each of the instant real estate, the Defendant Industrial Bank of Korea was named in the name of the Jeonju District Court, Dosan Registry of June 2, 2009, the maximum debt amount of KRW 229,200,000, and the Defendant Industrial Bank of Korea, under the name of the Defendant Industrial Bank of Korea.

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