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(영문) 인천지방법원 부천지원 2018.12.05 2018가단5975
대지권소유권이전등기
Text

1. The Defendant shall be a voluntary auction on March 24, 2016, with respect to the portion of 64.2255/7419.1 square meters in Kimpo-si D, Kimpo-si, 7419.

Reasons

1. Facts of recognition;

A. The Defendant is the seller of an apartment as stated in the attached list, and is the owner of the share in the land indicated in the order that is the object of the site ownership (hereinafter “instant share in the site”).

B. On August 12, 2009, the Defendant concluded a contract for the sale of the above apartment building with Nonparty E, but as the cadastral adjustment was delayed, the Defendant first completed the registration of ownership transfer with respect to the above apartment section for exclusive use (hereinafter “instant exclusive use”) under the name of E, even though it did not receive KRW 96,956,140 out of the remaining price on December 27, 2012.

C. As to the instant section for exclusive use on December 27, 2012, E: (a) under Article 84450 of the same registry office’s receipt of the same registry office, KRW 242,00,000 of the maximum debt amount; (b) the debtor E-mortgage Co., Ltd.; and (c) under Article 84451 of the same registry office’s receipt of the same date, E completed the right to collateral security with the maximum debt amount of KRW 182,962,059; (c) the debtor E

On October 22, 2013, E filed a registration of cancellation of the right to collateral security with respect to the right to collateral security under the Defendant’s name on December 22, 2012, under Article 71480 of the same registry office with respect to the instant section for exclusive use by the same registry office, with the maximum debt amount of KRW 72,020,00,000, the obligor E and the mortgagee were the Defendant, and on the same day, the registration was completed on October 22, 2013 on the ground of termination.

E. On March 19, 2015, with respect to the instant section for exclusive use, a voluntary decision on commencement of auction was rendered upon the request of F Co., Ltd., the mortgagee, and the Plaintiff was awarded a successful bid in the said auction procedure around March 24, 2016.

F. Meanwhile, the Korea Land and Housing Corporation registered the preservation of ownership around June 19, 2013 with respect to the land of Kimpo-si, Kimpo-si, Kimpo-si, which is the site of the instant exclusive ownership, and the Defendant completed the registration of ownership transfer around September 9, 2013.

[Ground for Recognition: Facts without dispute, Gap 1 through 5 evidence, Eul 1 through 4, the purpose of all pleadings]

2. The summary of the parties’ assertion is the cause of the instant claim, and the Plaintiff was awarded a successful bid upon the instant section for exclusive use.

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