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1. As to the real estate listed in paragraph (1) of the attached Table No. 1 to the Plaintiff, Defendant B shall be the vice-branch of the Daegu District Court on October 17, 2006.
Reasons
1. Basic facts
A. The Plaintiff is the Defendant B’s punishment, and the Defendants are the married couple’s death.
B. Each real estate listed in the separate sheet (hereinafter “the instant real estate” in the order”) was originally owned by the Plaintiff and Defendant B’s mother, and the ownership transfer registration was completed under the Plaintiff’s name as the donation No. 11567 on April 2, 1986, which was received on April 3, 1986, from the Daegu District Court Seo-gu Branch of the District Court, 11567. The Defendant B completed the registration of ownership transfer under the name of the Plaintiff as of each of the instant real estate under the title of the Plaintiff, the mortgagee B, the maximum debt amount of KRW 100,000,000, around October 17, 2006 (hereinafter “the registration of ownership”). The Defendant C completed the registration of ownership transfer under the name of the Plaintiff, the title of the Plaintiff, the mortgagee B, the Defendant B, the maximum debt amount of KRW 100,000,000 on each of the instant real estate under the name of the Plaintiff and the Defendant B.
【Non-contentious facts, Gap evidence 1-1, 2, 3, and 2-1, 2, and 3-3, and the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. 1) The Plaintiff’s assertion that the establishment registration of the instant mortgage was null and void because there is no secured debt. 2) Defendant B’s assertion that each of the instant real estate was held in title trust with the Plaintiff. The title trust agreement and the registration under the Plaintiff’s name was null and void due to the lack of real name registration within the grace period under the Act on the Registration of Real Estate under Actual Titleholder’s Name.
Therefore, the Plaintiff, who is not the owner of the first real estate, did not have the right to seek cancellation of the registration of the establishment of the neighboring mortgage of this case.
(2) The same shall not apply even if so.
Even if a loss is registered, D, the Plaintiff, and the Plaintiff for the purpose of restricting the Plaintiff’s disposal of each of the instant real estate without permission.