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(영문) 대구고등법원 2017.04.26 2016나25004
소유권말소등기
Text

1. Revocation of the first instance judgment.

2. The defendant's primary selective claims by the plaintiffs added in the trial are as follows.

Reasons

1. Basic facts

A. The registration of the establishment of a mortgage on the real estate owned by the plaintiffs 1) The plaintiff A shall be in attached Form 1's list of land (hereinafter "attached Form 1").

1) Pursuant to the 11st parcel of land on which the entry is made (Tgu Seo-gu, 199 square meters, etc., hereinafter collectively referred to as “instant one parcel of land”).

(1) The Plaintiff Company B (hereinafter “Plaintiff B”) was owned by the Plaintiff.

[Attachment 2] Attached Form 2 “Land List” (hereinafter “Attachment 2”)

"The two lands of this case" in total below

2) The Plaintiff owned six lots of land indicated on the 6th page (Seoul-gu Plux, etc.) (hereinafter collectively referred to as “instant land 1 and 2” in total of the instant land and the instant two parcels.

3) The Plaintiffs are not in accordance with attached Form 3 of the Building List on the ground of the instant land Nos. 1 and 2 (hereinafter “Attachment 3”).

(2) The building in question (hereinafter referred to as the “instant building”)

(2) As to the instant land and the instant building, the Plaintiffs jointly owned (1/2 shares). (2) The Plaintiffs completed the registration of creation of a mortgage on March 23, 2010 with respect to the instant land and the instant building: (a) the Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”); (b) the registration of creation of a mortgage on March 23, 2010 with the maximum debt amount of KRW 625 million; and (c) the registration of establishment of a mortgage on March 23, 2010 with the debtor V (the Plaintiff’s wife); (b) the registration of establishment of a mortgage on March 23, 2010 with the maximum debt amount of KRW 825 billion; and (c) the registration of establishment of a mortgage on March 23, 2010 with the third priority registered with the debtor X (the mother of the Plaintiff A).

B. 1) According to the application for voluntary auction on September 24, 2013 by the Daegu Bank, which was the mortgagee of the instant real estate, the voluntary auction on the instant land and the instant building (Seoul District Court Western BranchYY, hereinafter “instant auction”).

On September 25, 2013, the procedure commenced and the registration of the instant decision on commencement of auction was completed. 2) On December 24, 2013, the Korea Asset Management Corporation entered into an additional registration of the transfer of mortgage based on the transfer of confirmed claim on November 29, 2013.

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