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(영문) 울산지방법원 2016.05.18 2015가합751
소유권이전등기말소 등
Text

1. Defendant B, C, D, and E shall each share of 15313 square meters of the I Cemetery in Ulsan-gun, Ulsan-gun, and one fourth share of 268 square meters of the J.

Reasons

1. Basic facts

A. Of the instant land owned by the Plaintiff, the registration of transfer of ownership in the name of Defendant B, C, D, and E (hereinafter “instant registration of transfer of ownership”) was completed on May 23, 2012 by the Ulsan District Court No. 55386, May 23, 2012, as to each of the instant shares of one-fourths among the instant land owned by the Plaintiff.

A Evidence of No. 1

B. Meanwhile, with respect to the instant land, the registration of creation of superficies (hereinafter “registration of creation of superficies”) by the debtor “Defendant B, the maximum debt amount “9.10 million won,” and the mortgagee of the right to collateral security (hereinafter “registration of creation of a neighboring building”) was successively completed on May 23, 2012 by the Ulsan District Court No. 55387, Ulsan District Court, the registration of establishment of a neighboring building and other structures or trees (hereinafter “registration of creation of a neighboring building”) was completed on May 23, 2012 in order with the Ulsan District Court No. 55388, May 23, 2015.

A Evidence of No. 1

C. On the same day, a loan of KRW 700 million was executed with a loan account opened in Defendant B’s name (hereinafter “instant loan”), and KRW 500 million was remitted to the Plaintiff’s agricultural bank account.

Evidence Nos. 4, 16, Ma No. 7

D. Even if Defendant F purchased the instant land from the Plaintiff, he/she did not have the intent or ability to pay the purchase price, he/she would purchase the instant land in KRW 900 million, by deceiving the Plaintiff to the effect that “I would immediately pay the price after completing the registration of ownership transfer upon delegation of the right to sell.” The Defendant F was indicted from the Plaintiff on suspicion that he/she completed the registration of ownership transfer under the name of Defendant B, C, D, and E, a title trustee of the instant land, and is currently under the trial of the first instance court (Ulsan District Court 2016 High

(1) The court's obvious fact that the court has no dispute, Gap's 1, 4, 16, and Eul's 7, and the court's significant fact and the purport of the whole pleadings.

2. Determination as to paragraph (1) among the main claims

A. The instant case.

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