(영문) 수원지방법원성남지원 2014.01.07 2012가단44968

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(영문) 수원지방법원성남지원 2014.01.07 2012가단44968

소유권말소등기 등

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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. On July 27, 199, the deceased E and F are married married couple who reported marriage on July 27, 199. The plaintiff is F's leakage, Defendant B is a child born between net E and Jeonnam, and Defendant C and D are born between F and Jeonnam.

B. On June 4, 2008, the network E prepared and executed a loan certificate of KRW 130 million with respect to the Plaintiff, and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the real estate listed in the separate sheet owned by the network E on the same day (hereinafter “instant real estate”).

C. The deceased on September 14, 201, and the F inherited the property of the network E in respective shares of 3/5 and 2/5. As to the instant real estate, the registration of transfer of ownership was completed on March 7, 2012 due to the agreement on the division of inherited property on March 7, 2012, Defendant C and D on March 5, 2012. The registration of transfer of ownership was completed on March 23, 2009 for the registration of the establishment of a neighboring real estate of this case on March 23, 2009.

[Ground of Fact-finding] Gap evidence 14567, Gap evidence 8-1 through 7, Gap evidence 9-1 through 3, the purport of the whole pleadings

2. Judgment as to the main claim

A. Since Defendant C and D’s father, who were the Plaintiff’s assertion, stolen the registration right to the registration of the establishment registration of the instant neighboring mortgage and completed the registration of cancellation of the establishment registration of the instant neighboring mortgage by forging an application for cancellation of registration of the establishment registration of the instant neighboring mortgage in the name of the Plaintiff, the Plaintiff’s assertion is null and void, thereby demanding the implementation of the procedure for the restoration registration of the establishment registration of the instant neighboring

B. Examining all the evidence submitted by the Plaintiff, it is not sufficient to recognize that the registration of cancellation on the registration of the establishment of a mortgage of this case was null and void, and otherwise evidence to acknowledge this.

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