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(영문) 서울북부지방법원 2017.05.25 2013가합8766
소유권이전등기의 말소
Text

1. Of the instant lawsuit, the part requesting the cancellation registration of ownership transfer concerning each real estate listed in the separate sheet.

Reasons

Basic Facts

On August 14, 1999, the Plaintiff filed for the registration of transfer of ownership on the instant real estate, and upon the Plaintiff’s Nonparty D’s motion, demanded that Nonparty C, the husband of the Defendant, lend money to Nonparty C, when the creditors continued to exercise their rights such as seizure, etc., on August 14, 1999.

C, while lending money to the Plaintiff, the agreement was concluded between the Plaintiff and C on the transfer of ownership to the Defendant of this case’s real estate as a security for the above loan obligation, and accordingly, the Plaintiff completed the registration of ownership transfer to the Defendant on October 10, 200.

On October 7, 2004, the plaintiff in a criminal case against the plaintiff (hereinafter "the plaintiff-related criminal case"), "the plaintiff provided the building of this case as a security for the transfer of loan obligation to the plaintiff, thereby completing the registration of ownership transfer to the above building in the name of the defendant, and agreed to use and profit from the above building on the condition that the plaintiff pays the interest on the above loan loan. After June 2001, the plaintiff did not pay the interest on the above loan, so the plaintiff did not have the right to lease the above building thereafter, notwithstanding the fact that the plaintiff was not entitled to lease the above building thereafter, on December 10, 200, after the fact that the plaintiff was not entitled to lease the above building at the underground and in the second place above the second Dong-dong, Jungdong-gu, Seoul, Jungdong-gu, Seoul, 201, the victim E was entitled to lease the building due to the tax issue, and the actual owner of the building is the plaintiff, and the defendant was 100 won,000 won,000 won,0000 won, 1000."

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