(영문) 부산지방법원 2015.09.02 2014나2829 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.09.02 2014나2829

소유권이전등기 등

Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The plaintiff is against the defendant.

Reasons

1. Basic facts

A. On September 12, 2005, the Defendant concluded a sales contract with C on the instant land owned by C with the purchase price of KRW 268 million (hereinafter “instant sales contract”), and paid the said purchase price to C in full.

B. The instant land was located within the land transaction permission zone. However, C, on September 13, 2005, had completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the said land at the Changwon District Court, Jinwon District Court, Seoul District Court, on September 13, 2005, No. 21335, Sept. 13, 2005, which was received on September 13, 2005.

The instant land was released from the designation of the land transaction permission zone around December 201.

C. On October 26, 2007, the Defendant prepared a written confirmation to the Plaintiff that “The owner of the instant land shall be C, but the actual owner shall be the Plaintiff and the Defendant, the mortgagee, shall have no ownership in money.” (hereinafter “instant written confirmation”). The Plaintiff is keeping the registration certificate for the ownership of the instant land C and the registration certificate for the Defendant’s right to collateral security.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 13, the result of the party court's questioning of the plaintiff himself, the purport of the whole pleadings

2. Whether the instant lawsuit is legitimate on the part of the claim for cancellation of registration for the establishment of a neighboring mortgage;

A. The lawsuit for registration of cancellation of the registration of the establishment of a neighboring mortgage shall have the standing to be a party, regardless of who is the actual party or right holder of the contract for establishment of a mortgage. According to the above facts, according to the above facts, the person liable for registration of cancellation on the register of establishment of a neighboring mortgage of this case shall be the defendant, but the person liable for registration of cancellation on the register of establishment of a mortgage of this case shall be deemed C, and as long as the plaintiff

유사 판례

-부산지방법원 2016.07.20 2016가합472

-춘천지방법원 2015.10.16 2015나223

-울산지방법원 2019.10.17 2018나2776

-서울서부지방법원 2011. 11. 24. 선고 2011나7929 판결

-광주지방법원 2015.05.13 2014나52649