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(영문) 대구지방법원상주지원 2016.05.11 2014가단8171
소유권말소등기
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B shall have such machinery as the Daegu District Court’s territorial support.

Reasons

1. Basic facts

A. (1) On May 13, 2014, the Plaintiff completed the registration of ownership transfer for each real estate listed in paragraphs (1) through (3) of the separate sheet on the same day, and each real estate listed in paragraphs (4) and (5) of the separate sheet on May 16, 2014 (hereinafter “each real estate listed in the separate sheet”) is referred to as “the instant real estate.”

On May 13, 2014, the Plaintiff completed the registration of ownership transfer on the grounds of sale on May 13, 2014. (2) On May 16, 2014, the Plaintiff acquired the collateral security obligation against the dong Saemaul Treasury of the former owner D, which was established on each real estate listed in [Attachment List 1 to 3].

3) In addition, on May 16, 2014, the Plaintiff completed the registration of the establishment of a mortgage over KRW 274,300,000 with respect to each real estate listed in [Attachment List Nos. 4 and 5] from the Plaintiff on July 21, 2014, with respect to each real estate of this case, the registration of ownership transfer was made from the Plaintiff on July 14, 2014.

2) In addition, on August 1, 2014, Defendant C completed the registration of establishment of each of the maximum debt amounts of KRW 70 million with respect to the instant real estate, and the establishment of a mortgage in Defendant B with respect to the instant real estate on the basis of the debtor’s establishment of a mortgage. [Grounds for recognition] The fact that there is no dispute, Party A’s evidence 2 (including the

statement, the purport of the whole pleading

2. The assertion and judgment

A. As long as the registration of ownership transfer has been made on the registry concerning Defendant B’s claim part 1), the procedure and cause for the response should be presumed to be justifiable, and the party asserting the procedure and cause of the action shall be responsible to prove it. However, if there is any doubtful circumstance to deem the registration procedure to be not run lawfully, the presumption power is broken (see, e.g., Supreme Court Decision 2002Da46256, Feb. 28, 2003).

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