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(영문) 서울고등법원 2018.09.13 2018나2002088
신탁등기말소
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. In the first instance trial, the Plaintiffs sought cancellation of each trust registration stated in the purport of the claim against the Defendant, and at the same time, sought cancellation of each registration of the establishment of a new trust registration based on the above trust registration by subrogation of the Defendant against the financial institutions in the 1st instance trial, Gangnam Agricultural Cooperative, and the 7th joint Defendant of the first instance trial (hereinafter “the instant financial institutions”).

The first instance court dismissed the claim against the defendant, and rendered a judgment dismissing the claim against the financial institution of this case for the cancellation of the registration of creation of a mortgage (the above part of claim 2) on the ground that "the right to be preserved is not recognized in the creditor subrogation lawsuit, and there is no qualification to be a party."

Since the plaintiffs filed an appeal against the defendant among the judgment of the court of first instance (the above part of claim No. 1), only the part which dismissed the plaintiffs' claim against the defendant (the above part of claim No. 1), the subject of

2. Basic facts

A. The Defendant is a partnership for maintenance and improvement projects under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established for the purpose of “the purpose of removing old-age or a building losing competitiveness within a project site and constructing a new building on such land, thereby contributing to the smooth formation of a business district and the improvement of quality in the business district” by designating a large scale of 5,250 square meters (hereinafter “instant land”).

The plaintiffs are those who were the members of the defendant.

B. On June 30, 2006, the defendant obtained authorization from the old market to establish the association, and completed the registration of incorporation on July 10, 2006.

On February 5, 2007, the defendant entered into a trust agreement with the plaintiff B on the above plaintiff's share (5.785/5,250.6 share) among the land of this case, and completed the entire share transfer registration (hereinafter referred to as "the first trust registration") under receipt No. 6568 on February 15, 2007 with respect to the above share on the ground of the above trust agreement.

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