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(영문) 서울북부지방법원 2014.04.29 2013가단36047
소유권이전등기말소
Text

1. The plaintiff shall dismiss the plaintiff's action against the defendant Dobong Saemaul Depository;

2. Defendant B shall enter the attached list in the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was not related to Nonparty C, who is the mother of Defendant B, but was in custody of C from around 1967, and became a woman.

B. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer was completed on October 15, 2001 in the name of C on December 21, 2001, and the provisional attachment registration was completed on April 28, 2006 by the Plaintiff upon receipt of a decision of provisional attachment (Seoul Northern District Court 2006Kadan2605) with a claim claim amounting to KRW 70 million on April 25, 2006.

C. After that, on October 23, 2006, the Plaintiff completed the registration of transfer of ownership under the name of the Plaintiff on the ground of sale as of September 25, 2006, and on October 27, 2006, the registration of provisional seizure was cancelled.

However, with respect to the instant real estate on the ground of the donation from December 14, 2012, the registration of the establishment of the ownership under the name of the Defendant B was completed as of December 20, 2012 under the name of the Seoul Northern District Court (Seoul Northern District Court) was received on December 20, 2012 (hereinafter “the registration of the transfer of ownership”), and the registration of the establishment of the ownership under the name of the Defendant Seocho Saemaeul District Court (C’s former spouse) was completed on March 11, 2013 as of March 13973 received on the same day by the mortgage contract concluded on March 11, 2013 as the maximum debt amount of KRW 221 million and the debtor was completed.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). E.

On February 24, 2014, prior to the closing of argument in the instant case, Defendant Dobong Saemaul Fund deleted the registration of the establishment of the instant facilities.

[Ground for Recognition: Facts without dispute, Gap evidence 1-1 and 2, purport of the whole pleadings]

2. When the registration of the establishment of a mortgage was cancelled during the litigation seeking the implementation of the procedure for the cancellation of the registration of the establishment of a neighboring community credit cooperative in the judgment of the legality of the lawsuit against the defendant Dobong Saemaul credit cooperative, there is no legal interest in seeking the cancellation of the registration of the establishment of a mortgage (see, e.g., Supreme Court Decision 2002Da57904, Jan. 10, 2003).

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