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(영문) 서울고등법원 2017.02.07 2016나2060523
소유권말소등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiffs completed the registration of ownership transfer on August 12, 1995 with respect to the land of this case, which was caused by inheritance on April 8, 1995, and their co-ownership was 3/9 of the plaintiffs A and 2/9 of the remaining plaintiffs, respectively.

B. On January 19, 2012, the Plaintiffs completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the instant land at F, H, the debtor, the maximum debt amount of KRW 310,000,000, with respect to F and H.

C. After that, on March 28, 2012, the execution of the first priority collective security right, I, a senior collective security right to the instant land, commenced the voluntary auction procedure with the High Government Branch of Goyang Branch of the High Court. While the said auction procedure was in progress, the F and H applied for the same voluntary auction to K with the same support again, and each of the above voluntary auction procedure had been proceeded with on November 26, 2012.

(hereinafter referred to as “voluntary auction”, F, and H’s voluntary auction at the request of the I (hereinafter referred to as “voluntary auction”). D.

The Defendant received a decision of permission for sale from the highest bidder on January 25, 2013 in the preceding auction procedure. As the registration of the establishment of a neighboring mortgage in the name of I was cancelled on August 13, 2014 due to the cancellation on August 13, 2014, the prior decision of commencing auction was revoked on February 10, 2015.

After that, the Defendant paid the sale price on December 1, 2015, completed the registration of ownership transfer in the instant case on December 4, 2015, and the registration of ownership transfer in the F and H name was cancelled due to the reasons for the said sale.

E. The Plaintiffs filed a lawsuit against F and H seeking the cancellation of the registration of the establishment of a mortgage in the instant place of neighboring district court No. 2015Ga70488, Nov. 13, 2015, the court of first instance (hereinafter “H”) performed the procedure for registering the cancellation of the registration of the establishment of a mortgage in the instant case to the Plaintiffs, and the court of first instance (hereinafter “the first instance court”) was only F, and H loaned money to F.

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