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(영문) 의정부지방법원 2019.05.22 2018가합50604
소유권이전등기
Text

1. Of the instant lawsuit, Defendant B seeks implementation of the procedure for registration of cancellation of the registration of change of indication of the registered titleholder.

Reasons

1. Basic facts

A. As to the registration of change of a registered titleholder’s indication (hereinafter “instant change of indication”) based on the change of the representative from H to Defendant B on October 25, 2015 as the District Government District Court No. 149788, Oct. 28, 2015, which was owned by the Plaintiff, the registration of change of the registered titleholder’s indication based on the change of the representative from H on June 25, 2015, and the registration of change of the ownership transfer under the Defendant B’s name (hereinafter “instant registration of change of ownership”) was completed on October 28, 2015 as the receipt number No. 149789, Oct. 2015, 2015, respectively.

B. As to the instant real estate on January 7, 2016, ① the debtor B, the maximum debt amount of KRW 250,000,000, the registration of the establishment of a mortgage as the defendant D Co., Ltd., ② the registration of the attachment on August 29, 2017, ③ the registration of the provisional attachment on September 12, 2017 (the District Court Decision 2017Kadan2545, the claim amount of KRW 100,000), ④ the registration of the provisional attachment on December 22, 2017 (the District Court Decision 2017Kadan202504, the claim amount of KRW 50,000,00) by the defendant F (the District Court Decision 2017Kadan2004, the claim amount of KRW 50,000) was completed.

C. On the other hand, on October 10, 2017, upon the application of Defendant D Co., Ltd., the decision to commence the auction of real estate was rendered first by the District Court for the instant real estate on October 10, 2017, and the record was completed on the same day.

On September 12, 2017, the District Court 2016Ra2365 decided to appoint Defendant B as an adult guardian.

[Ground of recognition] Defendant B, D Co., Ltd., and E: The assertion of confession (Article 150(3) of the Civil Procedure Act) Defendant Republic of Korea, F: The absence of dispute, each entry of evidence Nos. 1 and 5, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the registration of change of indication and transfer of ownership concerning the real estate of this case was made without a resolution of a legitimate clan general meeting, Defendant B must cancel each of the above registrations.

(b).

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