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(영문) 서울북부지방법원 2017.06.30 2017나30277
소유권말소등기
Text

1. The defendant's appeal against the plaintiffs is dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On September 30, 2010, the Plaintiffs purchased real estate listed in the separate sheet (hereinafter “instant apartment”) with a couple on September 30, 2010, and completed the registration of ownership transfer each of 1/2 shares.

B. On November 4, 201, the instant apartment was registered for establishment of each of the following: ① the maximum debt amount of KRW 82,800,000,000, ② the maximum debt amount of KRW 78,000,000 on April 17, 2012; ③ the debtor, Plaintiff A, and New Bank Co., Ltd., Ltd., Ltd. (hereinafter “New Bank”) with the maximum debt amount of KRW 48,000 on December 3, 2012:

(1) Each subparagraph (1), (2), and (3).

On March 10, 2015, the apartment of this case was voluntarily decided to commence the auction upon the application of the new bank on March 10, 2015 (Seoul Northern District Court H), and on September 14, 2015, the highest price was decided to permit the sale to the defendant who is the purchaser.

On October 30, 2015, the defendant paid in full the sale price, and completed the registration of ownership transfer due to the sale due to voluntary auction under the receipt of the Dobong District Court of Seoul Northern District Court No. 101770 on the same day.

On the other hand, the plaintiffs' sonD was sentenced to four years of imprisonment with prison labor for the following criminal facts, such as fraud, fabrication of private documents, and fabrication, and its judgment became final and conclusive on July 1, 2016.

1. Related to loans on security by a new bank on November 2011;

A. Defendant D, in collusion with Defendant I, etc., forged the Plaintiffs’ loan transaction agreement, joint and several sureties/security provision application, and mortgage contract without authority, and subsequently acquired a loan of KRW 69 million from a new bank of the victim.

B. Based on the written contract establishing the right to collateral security, the Defendants had the establishment registration of a neighboring mortgage of KRW 82,800,000 on the apartment of this case (i) recorded the false facts in the public electronic record and exercised the same.

2. Related to loans on security by a new bank on April 2012;

A. Defendant D in collusion with other Defendants and without authority.

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