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(영문) 인천지방법원 2015.10.27 2014가단61394
소유권이전등기말소등
Text

1. With respect to shares 221.02/2104.8 square meters in Yeonsu-gu Incheon, E, 2104.8 square meters,

A. Defendant B is F.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by integrating the purport of the entire pleadings in the entry of evidence A No. 1.

The respective registrations in the name of the Defendants with respect to the respective shares of 221.002/2, among the area of 2104.8 square meters in Yeonsu-gu, Incheon, E, 2104 square meters, G, and H on November 5, 1994, to the F on November 5, 1994, the Yeonsu-gu Incheon E-gu, Incheon, 2104 square meters (hereinafter “instant land”).

(2) As to the portion of the instant land, F completed the registration of ownership transfer on November 4, 1994 with respect to the portion of 221.002/2 of 2104.8, on November 5, 1994; 2) with respect to the portion of 221.002/2 of the instant land, F completed the registration of ownership transfer on July 30, 1996 with respect to the registration of creation of a neighboring mortgage consisting of 60,000,000 maximum debt amount to G and H on November 5, 1994; (2) with respect to I on the same day, the registration of establishment of a neighboring maximum debt amounting to 50,000,000, and (3) with respect to Defendant B on August 8, 1996, the said mortgage was transferred to J on July 28, 1995; and (1) the said mortgage was transferred to Defendant C on June 10, 1995.

3) Meanwhile, with respect to the above shares 221.02 of the instant land transferred to Defendant B, the attachment registration under the name of the Defendant Yeonsu-gu Incheon Metropolitan City on April 11, 1998, the attachment registration under the name of the Defendant Republic of Korea on February 12, 2013, the attachment registration under the name of the Defendant Republic of Korea on January 2, 2014, ③ the provisional attachment registration under the name of the Seoul District Court 2003Kadan237178, the provisional attachment registration of KRW 46,920,720, ④ on October 30, 206, the Seoul Central District Court 2006Kadan9194999, ⑤ the provisional attachment registration of KRW 34,251,176, May 27, 2006, the attachment registration under the name of the Defendant Republic of Korea on each of the instant aggregate buildings was recorded as the list of the Plaintiff’s exclusive ownership on each of the instant land (hereinafter referred to as the Plaintiff’s exclusive ownership).

2F. 2.

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