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(영문) 춘천지방법원 원주지원 2018.03.27 2017가단32601
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

A. On December 28, 2005, the Plaintiff completed the registration of ownership transfer for each Plaintiff on the ground of sale on November 15, 2005 with respect to the remaining portion of the real estate Nos. 1 and 2 as well as part of the real estate No. 3 as of December 28, 2005, and on March 29, 2006 as to the remaining portion of the real estate No. 3 as of March 8, 2006.

B. Defendant B completed the registration of ownership transfer in Defendant B on April 6, 2015 on the ground that each of the instant real estate was sold on the same day.

C. On August 7, 2015, Defendant Won-won Agricultural Cooperative completed the registration of creation of superficies on each of the instant real property on the following day: (a) the maximum debt amount of KRW 130,000,000; (b) the obligor B; (c) the obligee; and (d) the obligee; and (c) the registration of creation of superficies on each of the instant real property on the same day.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, and gist of the plaintiff's assertion of the whole argument

A. Although Defendant B did not purchase each of the instant real estate from the Plaintiff, he completed the registration of ownership transfer on each of the instant real estate by forging related documents, such as a sales contract.

The registration of transfer of ownership in the future of Defendant B is null and void as the registration of invalidation of cause, and the registration of establishment of a mortgage and the registration of creation of a superficies completed in the future of Defendant Won-won Agricultural Cooperative in Seoul Special Metropolitan City is also void on the basis of the registration of invalidity

B. Therefore, the Plaintiff, the owner of each of the instant real estate, and the Defendant B, as to each of the instant real estate, are obligated to implement the procedure for the cancellation of each ownership transfer registration completed in the future of Defendant B, and the Defendant Kuwon Agricultural Cooperative is obligated to register the cancellation of each of the instant real estate establishment registration completed in the future of Defendant Kuwon Agricultural Cooperative, Changwon Agricultural Cooperative, the first and second real estate of this case, and the registration of the creation of superficies that was completed in the future of Defendant Kuwon Agricultural Cooperative.

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