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(영문) 의정부지방법원 2017.05.11 2015가단43080
가등기의말소등기절차이행청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet No. 1 (hereinafter “D”), D Co., Ltd. (hereinafter “D”) completed the registration of ownership transfer due to the sale on February 23, 2010 and completed the registration of ownership transfer due to the purchase and sale on October 29, 2010, and completed the registration of ownership transfer due to the purchase and sale on February 4, 2010 to the Defendant.

And on March 6, 2015, D completed the registration of transfer of ownership on the building No. 1 of this case to Plaintiff A on February 6, 2015.

B. D completed the registration of transfer of ownership on the real estate listed in the separate sheet No. 2 (hereinafter “instant building”) on February 23, 2010 due to sale and purchase as of October 29, 2010, and completed the registration of transfer of ownership on the same day to the Defendant on the same day.

C. On July 21, 2010, with respect to the instant building Nos. 1 and 2 owned by D, the registration of creation of a neighboring mortgage in the name of the Defendant, which was owned by D, was completed on July 21, 2010, with the maximum debt amount of KRW 260 million, and on June 4, 2013, the registration of establishment of a neighboring mortgage in the name of E was completed on the ground of the transfer of confirmed claim of June 3, 2013.

Since then, regarding the instant building No. 1, the registration of the establishment of a neighboring mortgage in the name of the Defendant and the registration of the establishment of a right to collateral security in the name of the E was revoked on the grounds of the waiver of part of the date of February 12, 2015, which was the date when the ownership transfer registration under the Plaintiff’s name was completed. As to the registration of the establishment of collateral security in the name of E of the instant building No. 2, the registration of the transfer of collateral security in the name of the Plaintiff was completed on March 4, 2016.

The FF served as D representative director from March 31, 2012 to March 31, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8 (which include branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The representative director F of D’s summary of the Plaintiff’s assertion is about 340 million won against the Defendant around February 23, 2010.

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