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(영문) 대구지방법원상주지원 2015.12.16 2014가단3619
소유권이전등기 말소
Text

1. As to the Plaintiff’s share of 1/5 square meters out of 6,709 square meters in Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, the Defendant B is Daegu District Court.

Reasons

1. Basic facts

A. There are children of the Parties’ relevant net G (Death on June 17, 2005) and net H (Death on January 31, 2012) I, the Plaintiff, the Defendant, the J, and K.

B. 1) With respect to the instant real estate, the ownership transfer registration was completed on January 28, 1989 in the deceased G. On October 26, 201, the ownership transfer registration was completed on the ground of inheritance by consultation and division on June 17, 2005. 2) and the Defendant B completed the registration of ownership transfer on December 7, 201 as to the instant real estate on December 7, 201, the Daegu District Court Dacheoncheon District Court No. 21920, the receipt on December 7, 2011, and the donation on November 15, 201.

C. Defendant C, D, and E’s completion of the right to collateral security (1) Defendant C, D, and E (hereinafter “Defendant C”)

(2) Around June 2013, Defendant B entered into a sales contract with Defendant B to purchase the instant real estate at KRW 750 million, and around that time, Defendant B paid KRW 601,09,000 as part of the purchase price. However, Defendant C, etc. could not immediately be transferred the ownership on the grounds that the instant real estate is located within the land transaction permission zone, etc. Accordingly, the ownership is paid at the time the ownership transfer registration is possible, and the ownership is transferred at the time the ownership transfer registration is possible. However, Defendant C, etc. entered into a loan certificate with the meaning of securing a claim to return the already paid amount if the obligation to transfer the ownership is not fulfilled, and was established as a collateral on June 13, 2013 with respect to the said real estate as a collateral (hereinafter “mortgage-mortgage-mortgage-mortgage”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 2, Eul evidence 1 to 6, Eul evidence 10, the purport of the whole pleadings, and the purport of the whole pleadings

2. The assertion and judgment

A. The part of Defendant B claiming the cancellation of ownership transfer registration in Defendant B’s summary of the Plaintiff’s assertion.

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