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(영문) 서울중앙지방법원 2014.05.15 2013가단190287
소유권말소등기
Text

1. The Plaintiff:

A. As to the 20/10230 shares among the 32831m2 in Seocho-gu Seoul F Forest land, Defendant B shall be subject to the said share, and Defendant C shall be subject to the said share.

Reasons

1. Basic facts

A. The Plaintiff owned 67/10230 shares of Seocho-gu Seoul Metropolitan Government F Forest Land and 330.58 shares of 106909 square meters of Seocho-gu Seoul Metropolitan Government G Forest and G Forest and 106909 square meters (hereinafter “instant G land”).

B. The document establishing a mortgage under the name of the Plaintiff and the Defendants was drawn up. As to the share 20/10,00 of the Plaintiff’s share in the Plaintiff’s ownership on September 27, 2005, the maximum debt amount of 70,000,000 won, the mortgage holder’s share in the Plaintiff’s share in the Plaintiff’s ownership, the registration of creation of a mortgage to Defendant B, the mortgage holder’s share of 10/10,000, the maximum debt amount of 35,000,000 won, the registration of creation of a mortgage to Defendant C, the mortgage holder’s share of 12/10,000,000, the maximum debt amount of 30,000,000, and the registration of creation of a mortgage to Defendant E (hereinafter collectively referred to as “the registration of creation of a mortgage”).

C. The Defendants filed an application for voluntary auction of each real estate on October 17, 2005, around October 13, 2005, around Defendant C, around November 25, 2005, and around March 5, 2007, on the ground that the Plaintiff did not repay the loan debt.

On July 20, 2007, the Seoul Central District Court registered on August 22, 2007, as to the share of 20/10230 of the Plaintiff’s share in the instant F land under the name of Defendant B, as to the share of 10/10230 of the Plaintiff’s share in the name of Defendant C, the ownership transfer registration was completed in the name of Defendant C, as to the share of 12/10230 of the share in the Plaintiff’s share in the instant F land under the name of Defendant C, and the ownership transfer registration was completed in the name of Defendant D with respect to the share of 12/100 of the share due to the sale by voluntary auction on September 6, 2007. As to the share of the Plaintiff’s share in the instant G land under the name of Defendant E, the Seoul Central District Court registered on September 18, 2007.

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