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(영문) 서울고등법원 2015.06.11 2014나2042002
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

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

2. The total cost of the lawsuit.

Reasons

Basic Facts

The C-Housing Association (hereinafter “instant association”) was established on April 30, 2003 for the purpose of constructing apartments on the Namyang-si, the Namyang-si, the minutes of the F’s association operation committee and the registration of the establishment of the neighboring mortgage in the Plaintiff’s name.

Although F, the president of the instant association did not hold a meeting of the management committee around April 26, 2005, as if the operating committee resolved on the matters concerning the borrowing of funds, F forged meeting minutes and completed the registration of the establishment of a neighboring real estate in the name of G as stated in the attached Table 1 (hereinafter “first real estate”) and completed the registration of the transfer of ownership with respect to the first real estate in the H auction procedure, which was commenced based on the foregoing establishment registration at the H auction procedure, first real estate was awarded a successful bid in the first real estate and completed the registration of the establishment of the first real estate on December 24, 2007.

F around August 23, 2005, by forging the minutes of the association operation committee's meeting in the above manner, the F completed the registration of the establishment of a neighboring real estate in the name of J and U as to each real estate listed in the separate sheet No. 2 (hereinafter referred to as "second real estate"; when referred to as "first real estate" together with the first real estate) and completed the registration of the ownership transfer of the second real estate on July 25, 2007, K awarded a successful bid for the second real estate in the procedure of voluntary auction, which was commenced based on the foregoing establishment registration.

On the other hand, on July 25, 2007, the Plaintiff extended K a loan of KRW 630 million to K, and completed the registration of the establishment of a mortgage and the creation of superficies in the name of the Plaintiff with respect to the second real estate in the name of the maximum debt amount of KRW 756 million.

In the process of the instant lawsuit seeking cancellation of the Plaintiff’s registration, etc. filed by the instant association, the instant association is null and void as to the completion of the registration of establishment of a neighboring real estate in the name of G, etc. on November 13, 2008 by the Seoul Central District Court No. 2008Gahap112648 (main office) without going through a resolution of the Cooperative Operation Committee.

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