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(영문) 수원고등법원 2021.01.21 2020나15047
근저당권설정등기 말소등기절차 이행
Text

All appeals filed by the Plaintiff against the Defendants are dismissed.

Expenses for appeal shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. The reasoning of the judgment by the court is as follows, except for the submission or addition of the reasoning for this part of the judgment is as stated in the corresponding part of the judgment of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second sentence of the judgment of the court of first instance is about 6 Ha and Ha and Ha and Ha and Ha and Ha and the second sentence of the judgment of the court of first instance are as follows.

“A. D was divided into 3.8 billion won in price from E on October 2005, under the condition that he obtained permission for development activities for the installation of gas stations and gas stations, the land located within the area permitted for the land transaction contract of this case, which is the land located within the area permitted for the land transaction contract of this case, into 3,489 square meters in G paddy-gu, Suwon-gu, Suwon-si, Seoul Special Metropolitan City, on October 4, 2007, and 1,30 square meters in H field. Each of the above land was converted into the land category on January 2, 2008 from the paddy-gu to the gas station site. On February 16, 2009, the above G was changed into the land category on February 16, 2009 (attached Table 3 re-real estate in the annexed Table 1), and H was changed to the J (Attachment 1 re-real estate in the annexed Table).

The third page 1 of the "3th page 1, 2007" is called " November 13, 2006" as "No. 13, 2006."

Following the “registration for the transfer of ownership” (hereinafter “registration for the transfer of ownership of this case”) in the 5th place below the 3th place, the “registration for the transfer of ownership of this case” is added, and the “registration for the preservation of ownership of this case (hereinafter “registration for the preservation of ownership of this case”)” is added after the “registration for the transfer of ownership of this case and the registration for the preservation of ownership of this case are referred to both.”

2. Summary of the plaintiff's assertion

A. Since the registration of establishment of the first right to collateral security should be invalidated on the following grounds, the registration of establishment of the first right to collateral security should be cancelled on the ground that the registration of establishment of the first right to collateral security should be cancelled on the ground that the Plaintiff subsequently seeks to implement the procedure for cancellation of registration of establishment of the first right to collateral security

1) The registration of the transfer of ownership of this case, which is null and void due to the nominal trust, is made by the nominal trust agreement between Defendant B and D.

Defendant B and D.

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