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(영문) 서울중앙지방법원 2014.12.30 2014나29901
소유권말소등기
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 Plaintiff owned 67/10,230 of the Seocho-gu Seoul Metropolitan Government F Forest Land and 32,831 square meters (hereinafter “instant F Land”), and 330.58 percent of the shares in Seocho-gu Seoul Metropolitan Government G Forest and 106,909 square meters (hereinafter “instant G land”).

B. (1) With respect to the portion owned by the Plaintiff on September 27, 2005, with respect to the share owned by the Plaintiff, the establishment registration of the mortgage-holder B, Defendant B, the maximum debt amount of KRW 70,000,000, and the share of KRW 10/10,230, as to the share owned by the Plaintiff on September 27, 2005, with respect to the share owned by the Plaintiff, the establishment registration of the mortgage-holder C, the maximum debt amount of KRW 35,00,000, and the share owned by the Defendant C, the maximum debt amount of KRW 12,230,00, as to the share owned by the Plaintiff on October 13, 2005, was completed, respectively.

(2) On October 18, 2005, the registration of creation of a neighboring mortgage on the Plaintiff’s share in the instant G land was completed on October 18, 2005, including Defendant E- and the maximum debt amount of KRW 75,000,000.

(hereinafter referred to as the “registration of establishment of each of the instant units” in total.

The Defendants filed an application for voluntary auction of each real estate on October 17, 2005, around October 13, 2005, around Defendant C, around November 25, 2005, and around March 5, 2007, on the ground that the Plaintiff did not repay the loan debt.

(1) As to the share of 20/10,230 of the Plaintiff’s share of the instant F land under Defendant B’s name, as to the share of 10/10,230 of the Plaintiff’s share on the ground of sale by voluntary auction on July 20, 2007, the registration of ownership transfer was completed in the name of Defendant C with respect to the share of 10/10,230 in the name of Defendant C, and the share of 12/10,230 in the name of Defendant D with respect to the share of 10/10,000. (2) On the ground of sale by voluntary auction on September 6, 2007, the registration of the Seoul Central District Court was received on September 18, 2007 by the Seoul Central District Court, and the registration of ownership transfer was completed in the name of Defendant E with respect to the share of the Plaintiff’s share of the instant G land under the name of Defendant E.

The Plaintiff’s name transferred under the Defendants’ name is the Plaintiff.

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