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1. The Plaintiff, Defendant B Co., Ltd., and Defendant C and Defendant Co., Ltd., respectively.
Reasons
Basic Facts
- With respect to each real estate listed in the separate sheet 1, 2, listed in the separate sheet 1, 2 (hereinafter “instant building”) owned by the Plaintiff, the registration of creation of a neighboring mortgage in the amount of KRW 780,000 for the debtor, mortgagee G group, maximum debt amount of KRW 780,000 was completed on May 19, 2004, the registration office for establishment of a neighboring mortgage was received on May 19, 2004 for the branch of Suwon District Court.
- On January 23, 2015, the Plaintiff sold the instant 1 and 2 buildings to Defendant E in total at KRW 600,000,000 (hereinafter “instant sales contract”). In lieu of the payment of the purchase price, Defendant E agreed to take over the secured debt of the instant 1 and 2 buildings.
- Accordingly, even though the registration of ownership transfer under Defendant E was made on January 26, 2015 with respect to the instant building 1 and 2, the Suwon District Court's Sung-nam Branch of Sung-nam Branch of the Suwon District Court on January 26, 2015, but the registration of ownership transfer was not made.
- On December 26, 2016, the Plaintiff filed a suit against Defendant E, asserting that Defendant E had rescinded the instant sales contract by failing to perform the obligation to assume the collateral obligation of collateral security under the instant sales contract, and seeking the execution of the procedure for registration of cancellation of transfer of ownership on the instant 1 and 2 real estate (2016Gahap208194). On April 6, 2017, the said court rendered a ruling to the effect that “Defendant E shall implement the procedure for registration of cancellation of transfer of ownership registration for the instant 1 and 2 real estate to the Plaintiff on January 26, 2015, which was completed as the registration office of Suwon District Court Sung-nam Branch Branch Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched Branched with
- Accordingly, the registration of ownership transfer in the name of Defendant E on July 14, 2017 for the instant real estate Nos. 1 and 2 was cancelled, and the Plaintiff recovered ownership of the instant real estate Nos. 1 and 2.
- Defendant F is not more than Defendant B Co., Ltd.