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(영문) 수원지방법원안산지원 2016.07.22 2015가단114708
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. Facts of recognition;

A. On November 27, 1989, the Plaintiff purchased the instant apartment on November 27, 198 and completed the registration of ownership transfer on the said apartment on December 27, 199.

B. On November 4, 1991, the Plaintiff registered the creation of a collateral security (hereinafter “mortgage”) with respect to the apartment of this case to E, who is an son of Ho-D (the deceased on March 2, 2003; hereinafter “the deceased”) and who is the deceased, completed the registration of the creation of the collateral security (hereinafter “mortgage”).

C. On August 12, 2002, E applied for the auction of real estate rent (hereinafter “instant auction”) to Suwon District Court Branch F for the instant apartment, and on February 25, 2003, Defendant B received the bid of the instant apartment in the instant auction procedure and completed the registration of ownership transfer on the same day.

After that, on June 23, 2010, Defendant B completed the registration of creation of a neighboring mortgage, which amounts to 36,000,000 of the maximum debt amount, with respect to the apartment of this case, to the Defendant Woori Bank Co., Ltd. (hereinafter “Defendant Woori Bank”).

E. In addition, Defendant C filed a provisional injunction on July 3, 2014 with respect to one-half portion of the instant apartment as the right to claim a division of property based on the divorce against Defendant B as the right to be preserved. Defendant C applied for provisional injunction on disposal of the instant apartment, which was rendered on July 3, 2014, and completed the provisional injunction registration on the same day with respect to one-half share of the instant apartment.

F. The Plaintiff filed a lawsuit against E seeking unjust enrichment on the basis of an agreement to return dividends in the instant auction procedure as a result of the Plaintiff’s loss of ownership of the instant apartment as Suwon District Court’s Ansan Branch 2012Kadan108160, and filed a claim for unjust enrichment seeking 30,000,000 won and delay damages.

However, on August 19, 2015, the above court dismissed the Plaintiff’s claim on the ground that the auction procedure is null and void, since there is no secured debt of the instant collateral security.

Accordingly, the plaintiff appealed and is currently pending in the appeal court.

(c).

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