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(영문) 광주지방법원 2015.04.24 2014나7366
소유권이전등기말소 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The status of the party is E, Defendant B is F’s wife, Defendant D is F’s partner, Defendant C is F’s partner, and Defendant C is F’s will.

B. Around October 2009, the Plaintiff, the Defendants, E, 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 “the instant forest land”) in which E completed the registration of ownership transfer in the Plaintiff’s name between F and F, into Defendant B, who is the wife of F. As to the instant building, the Plaintiff and the Defendants, E, and E entered into an agreement with F to make the registration of ownership transfer in the name of the Plaintiff, and to make each of the instant forest land registered in the name of Defendant C with respect to the instant forest.

C. According to the agreement, the registration of ownership transfer in the name of Defendant B and the registration of establishment of each of the following items in the name of Defendant D and C was completed on October 16, 2009, Defendant D completed the registration of establishment of a collateral security contract on October 15, 2009, the maximum debt amount of which is 60 million won due to the mortgage contract on October 15, 2009, and the registration of establishment of a collateral security under Article 192425 on November 13, 2009 on the building of this case as to the building of this case as of November 13, 2009 as to the registration of establishment of a collateral security by the registration office of the Gwangju District Court was completed as of November 212, 2009.

3) On November 16, 2009, Defendant B completed the registration of ownership transfer with respect to the forest of this case as of November 12, 2009 as of No. 34370 received by the Gwangju District Court Naju Registry on the ground of sale and purchase on November 12, 2009. 4) Defendant C, on November 16, 2009, with respect to the forest of this case as to November 16, 2009, plus the maximum debt amount of KRW 15 million on the ground of the mortgage contract on November 12, 2009, and the debtor B as to the forest of this case as of November 2, 2009 by adding the registration of ownership transfer to the registration of establishment of a neighboring registry under Article 34371 (1)

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