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(영문) 서울중앙지방법원 2014.09.26 2013가합529110
소유권말소등기
Text

1. C Housing Association (Representative: d., Address of Partnership President: 401 E-building in Namyang-si):

A. The defendant A shall be listed in the annexed Table 1.

Reasons

1. The following facts of recognition do not conflict between the Parties, or are recognized by comprehensively considering the overall purport of the arguments in Gap evidence Nos. 1, 2, 3, 4, 7, 12, 14, 15 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 3, 4, 7, 12, 14, 15, 15

A. The president of the C Housing Association (hereinafter “instant association”) established under the former Housing Construction Promotion Act (amended by Act No. 6852 of Dec. 30, 2002 and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Act No. 6916 of May 29, 2003) was the president of the C Housing Association (hereinafter “the instant association”) established on April 26, 2005, even though he did not hold an association steering committee around April 26, 2005, he forged minutes of the meeting, thereby creating a collateral security to G with respect to each real estate listed in the separate sheet No. 1 (hereinafter “instant first real estate”), and completed the registration of ownership transfer on December 24, 207, when I was awarded a successful bid of the instant first real estate in the voluntary auction procedure (Seoul District Court) established on the basis of the said collateral security.

In addition, F, around August 23, 2005, forged the minutes of the association management committee's meeting in the above manner, and created a right to collateral security to J, etc. with respect to each real estate listed in the separate sheet No. 2 (hereinafter "real estate No. 2 of this case"), and K completed the registration of ownership transfer on July 25, 2007 after receiving a successful bid for the second real estate in the procedure of voluntary auction commenced based on the above right to collateral security.

B. Meanwhile, around July 25, 2007, the Plaintiff offered K with loans of KRW 630 million to K. On the same day, K completed the registration of the establishment of a neighboring mortgage and the creation of superficies, which caused KRW 756 million to the Plaintiff with respect to the second real estate of this case, respectively.

C. The instant association’s establishment of the right to collateral security on each of the instant real estate by F without going through a resolution of the operating committee of the instant association is null and void, and K and I are based on the right to collateral security, which is null and void.

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