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(영문) 광주지방법원해남지원 2020.01.07 2019가단200208
소유권말소등기
Text

1. The independent party intervenor's claims are all dismissed;

2. The litigation costs shall be borne by the independent party intervenor;

Reasons

1. Basic facts

A. On March 30, 1994, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On November 22, 2005, the Plaintiff completed the registration of the establishment of a neighboring mortgage and the establishment of a superficies to D on each of the instant real estate, and completed the registration of the establishment of a neighboring mortgage to E on April 27, 2006.

C. D on December 5, 2006, based on the above right to collateral security, was released on July 16, 2007 when the decision to commence the auction on each of the real estate of this case was rendered to Gwangju District Court Maritime Court Maritime BranchF.

On the same day, the registration of the establishment of a mortgage and the registration of the establishment of a superficies in the name of the above D and the registration of the establishment of a mortgage in the name of E was cancelled on July 13, 2007.

E. After that, on February 4, 2009, the Plaintiff completed the registration of ownership transfer for each of the instant real estate to the Defendant on January 28, 2009.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 3, Byung evidence No. 1-1, 2, and 3, and the purport of the whole pleadings

2. The plaintiff, G, and the independent party intervenor together established and operated the defendant, and the defendant's principal office was placed in each of the instant real estate owned by the plaintiff.

However, without the consent of G or an independent party intervenor, the Plaintiff was at the risk of losing the ownership of each of the instant real estate because it did not repay the real estate to D and E with the money borrowed as collateral without the consent of the Plaintiff.

Accordingly, the plaintiff and the independent party intervenor agreed that the plaintiff and the independent party intervenor shall pay the plaintiff with the money borrowed from the plaintiff to D and E, and they shall own each of the real estate of this case by the independent party intervenor.

According to the above agreement, an independent party intervenor repaid all the Plaintiff's obligations to D and E, and cancelled all of their right to collateral security regarding each of the instant real estate.

After that, the plaintiff, defendant, and the defendant.

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