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(영문) 창원지방법원마산지원 2016.10.12 2015가단100573
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Plaintiff, the registration of ownership transfer was completed on October 30, 2012 in the name of Defendant B, and on January 16, 2013 in Defendant C’s name.

B. On January 16, 2013, Defendant E completed the registration of the establishment of a mortgage over each of the instant real property, the maximum debt amount of which is KRW 35 million, the neighboring mortgage over the debtor C, and Defendant F completed the registration of the establishment of a superficies over the same day, the maximum debt amount of which is KRW 35 million, and the registration of the establishment of a superficies over the debtor C, and the duration of which is 30 years.

C. On June 20, 2013, the provisional registration of the right to claim the transfer of ownership was completed in Defendant D’s name.

As the real estate of this case was sold in entirety, in the Changwon District Court G real estate auction case that commenced upon the application of Defendant E, the mortgagee, the right to collateral security, the right to collateral security, the right to collateral security, and the right to collateral security.

The registration of the establishment of a mortgage in the name of Defendant E, the registration of the establishment of a mortgage in the name of Defendant F, the registration of the establishment of a superficies, and the above 1-C.

The registration of the right to claim ownership transfer in the name of the defendant D was cancelled ex officio.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1-6, Eul evidence 3 and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff, who was admitted to the main prison, first of all, had access to the plaintiff who was less than the number of intelligence and offered to the plaintiff that the defendant Eul would sell the real estate of this case at the good price. However, unlike the promise, the plaintiff had completed the registration of transfer of ownership in the name of the defendant Eul through the name of the defendant Eul, and completed the registration of transfer of ownership in the name of the defendant Eul, defendant D, E, and F, completed the provisional registration, the establishment of neighboring areas, the establishment of superficies, and the registration of creation of superficies, and violated the plaintiff's ownership in relation to each of the real estate of this case by having all other sold at the voluntary auction case applied by the defendant Eul to the defendant Eul.

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