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(영문) 서울고등법원 2017.07.21 2015나2062225
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for this part of this Court’s reasoning are as follows. As such, this part of the reasoning of the judgment of the court of first instance is the same as the corresponding part of the reasoning in addition to the use of one of the following:

[Supplementary Use]

F. On September 28, 2001, the auction and registration of the land of this case 1,070.29% out of the land of this case, 1,070.29% of the ownership transfer registration of 1,292 out of the land of this case, the registration of creation of a neighboring mortgage with the maximum debt amount of 6.95 billion won in the development of the Sejong Industrial Complex was completed. The registration of creation of a neighboring mortgage with the maximum debt amount of 6.95 billion won in the future. As to the above right to collateral security, on March 26, 2004, the additional registration of partial transfer of the right to collateral security with the maximum debt amount of 1 billion won in the future, the additional registration of the right to collateral security was completed on November 23, 2009, and the registration of the right to collateral security was completed on November 23, 2009, respectively.

B) Sam Young Capital, based on the foregoing right to collateral security, applied for the auction of real estate rent D with the Incheon District Court Branch Branch Branch D on June 23, 2008 with respect to the portion of 1,292/1,070.29 out of the instant land, and was voluntarily decided to commence auction on June 23, 2008, and Skin Co., Ltd. (hereinafter “Skin”).

(2) On April 21, 2010, upon receipt of a decision to permit sale as the highest price buyer, the Defendant paid KRW 5.130 million for the sale price on April 21, 2010, and completed the registration of ownership transfer as to the share of KRW 1,070.29 out of the instant land. (2) The progress of the relevant civil litigation is as follows: (a) the Defendant filed a lawsuit of demurrer against the distribution in the said auction case and filed a lawsuit of demurrer to the distribution with the Incheon District Court Branch Branch Branch of the Incheon District Court 2010Da4454 on June 2, 2011 against the Defendant of the Sejong Industrial Development, which will occur when the instant construction contract was earlier cancelled or cancelled.

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