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(영문) 수원지방법원 평택지원 2018.11.07 2017가합10963
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The status of the parties is 1) The non-party D and the defendant B, who are the Plaintiff’s wife, are the husband of the defendant B. The defendant C is the husband of the defendant B. 2) The defendants’ children are non-party E, F and G.

B. As to the land and buildings listed in the separate sheet No. 1), the ownership transfer registration under the Plaintiff’s name was completed on February 23, 1998 on the same day on the grounds of sale and purchase as indicated in the separate sheet No. 1, and on November 22, 2010, the establishment registration was completed on the part of the Plaintiff, the obligor, and the mortgagee E. On December 5, 2012. The voluntary auction of real estate was commenced on December 5, 2012, and the ownership transfer registration was completed under the Defendant B’s name on November 7, 2013 due to the voluntary auction. 2) As to the building listed in the separate sheet No. 2 list No. 2, the ownership registration was completed on December 23, 2010, the ownership registration was completed in the Plaintiff’s name on December 23, 2010, and the registration was completed on December 13, 2010, G, the content of the establishment registration was completed.

On December 5, 2012, the voluntary auction of real estate was commenced based on the right to collateral security, and on October 24, 2013, the registration of ownership transfer was completed in the name of Defendant C on the ground of sale due to voluntary auction.

3) The registration of ownership transfer under the Plaintiff’s name was completed on May 1, 1998 due to sale and purchase on March 15, 1998. On November 22, 2010, 2010, the registration of ownership transfer was completed for one half of the land indicated in the attached Table 3 list, and the registration of ownership transfer under the name of Defendant C was completed on December 27, 2013 with respect to the share of the said land, based on the foregoing right to collateral security, and the registration of ownership transfer under the name of Defendant C was completed on December 27, 2013. Meanwhile, in the above auction procedure, the Defendant C received dividends of KRW 20,317,156 as a mortgagee. The fact that there was no ground for recognition, the statement in subparagraph 1, and the purport of the entire pleadings, as a whole.

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