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(영문) 울산지방법원 2016.06.07 2015가단61315
소유권말소등기
Text

1. The defendant limited liability company and the defendant limited liability company shall be Ulsan District Court in respect of each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. The registration of ownership transfer has been completed in the Plaintiff’s future with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on March 3, 2009 on the ground that the registration of ownership transfer was completed on March 2, 2009 due to the “sale on March 2, 2009” (hereinafter “the registration of ownership transfer”).

B. On October 27, 2009, with respect to each of the instant real estate and the land of Ulsan-gun, the registration of creation of a mortgage was completed on October 27, 2009, stating in the purport of the claim No. 48161, as to each of the instant real estate, the registration of creation of a mortgage was completed on March 8, 2010, as to each of the instant real estate, the establishment of a mortgage was completed on October 27, 2009, including the Saemaul Bank of Korea, the Saemaul Bank of Korea, the maximum debt amount of which was 26 million won, the debtor B, and the receipt number of Ulsan-gun.

3) On June 24, 2010, the registration of creation of a mortgage on each of the instant real estate was completed on June 24, 2010, as to the establishment of a mortgage indicated in the purport of the claim, which is the Defendant Dai Saemaul Bank, the maximum debt amount of 39 million won, the obligor B, and the receipt number of the obligor. The registration of establishment of a mortgage on each of the instant real estate was completed on October 20, 2010, as to each of the instant real estate, as indicated in the purport of the claim, No. 55 million won, Defendant B, and the receipt number of the obligor, and the obligor, No. 52386. D. On January 22, 2013, the establishment of a mortgage on each of the instant real estate was completed on January 22, 2013, the registration of establishment of a mortgage on each of the instant real estate, which was recorded in Defendant Cheongsung, the maximum debt amount of 3.6 million won, the obligor D, and receipt number of the Defendant B.

2. The plaintiff's assertion

A. The registration of transfer of ownership in the name of Defendant B is null and void since the sales contract, which is the ground for registration, does not exist.

B. The instant case is null and void.

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