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Reasons
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(영문) 창원지방법원진주지원 2015.10.02 2014가단12931
소유권말소등기 등
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1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the party is primarily based on the Plaintiff, Defendant B is a Eastern, and Defendant C is a party room.

B. 1) The Plaintiff completed the registration of ownership transfer as to the instant land by Changwon District Court (Hawon District Court Hadong Branch Office 3612, Dec. 29, 1948) Defendant B completed the registration of ownership transfer as to the instant land under the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”) on August 9, 1974.

3) On February 8, 2007, Defendant C completed the registration of ownership transfer on the land of this case by the Changwon District Court (Seoul District Court Hadong Branch Office No. 7481, Apr. 19, 2007) No. 7481, Jun. 4, 2007, Defendant C entered into a mortgage contract with Defendant C with the maximum debt amount of KRW 18,200,00, the debtor C and the creditor association with Defendant C. As to the land of this case, the Changwon District Court Hadong Branch Office No. 10355, Jun. 5, 2007 and the registration of the establishment of superficies No. 13056, Jun. 5, 2007.

C. 1) Defendant B’s ownership transfer of the instant forest was unregistered, etc. under the Act on Special Measures for the Conservation of Ownership, etc. of the instant forest, the Changwon District Court subordinate registry office of the Changwon District Court on August 28, 1981, which was received on August 28, 1981 (hereinafter “instant ownership preservation”).

(2) Defendant C completed the registration of ownership transfer on December 30, 2002 as the receipt No. 1040 on January 22, 2013 with respect to the forest land of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, 2, and 4-2, the purport of the whole pleadings

2. The defendant B alleged the plaintiff's assertion is a false guarantee.

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