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(영문) 서울중앙지방법원 2015.08.28 2015가합504528
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. As to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”), A Co., Ltd. (hereinafter “A”) (hereinafter “A”), on June 25, 2008, completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 700 million to the Defendant on the ground of the contract to establish a contract on June 25, 2008 as the Seoul Central District Court’s Branch Registry No. 10403 on March 7, 2014.

(hereinafter referred to as “the establishment registration of each of the instant establishments”). B.

In addition, A made the registration of ownership transfer to the Defendant on the ground of a sales contract on March 18, 2014 with the Defendant on March 18, 2014, as the receipt No. 12092 on March 18, 2014.

(hereinafter referred to as “each registration of ownership transfer of this case”).

On November 26, 2014, with respect to A, the rehabilitation procedure was initiated by the District Court 2014 Gohap507, and B was appointed as the administrator.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion was made in collusion with D, which was the representative director of A, and the defendant did not have a claim and did not have a contract of sale and purchase. The defendant had a claim against A, and the contract of sale and purchase for each real estate of this case was pretended to have been concluded, and each registration of the establishment of each of the real estate of this case was made. Each of the above registrations must be cancelled by the registration of invalidation of cause.

3. Determination

(a) If a registration has been made on any real estate, it shall be presumed that it has been made lawfully in the cause and procedure unless there are special circumstances, and thus, the party asserting the unjust cause is responsible for proving it, and if the registration of ownership transfer has been completed on the real estate, not only the third party, but also the former owner.

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