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(영문) 의정부지방법원고양지원 2017.07.20 2016가단81303
소유권이전등기
Text

1. The Plaintiff’s lawsuit against Defendant KBC Co., Ltd is dismissed.

2. The Plaintiff’s claim against Defendant C.

Reasons

1. Facts of recognition;

A. On September 18, 2002, Plaintiff A and F purchased approximately 3,96 square meters ( approximately 1,208 square meters) from Defendant C, in the area of about 5,644 square meters ( approximately 1,208 square meters) among the area of about 5,64 square meters before the subdivision.

B. On October 9, 2002, G was divided into 3,996 square meters and 1,648 square meters for H warehouse sites prior to G on October 9, 2002. G was divided into 1,496 square meters prior to G on July 27, 2007 and 2,506 square meters prior to D on July 27, 2007; D previous 2,506 square meters and 2,506 square meters prior to D on March 13, 2008 (Provided, That the land category is a storage site and the same year in the case of a warehouse on January 20, 2010).

7. The land in this case is changed to that of the site on 30.30 and hereinafter “the land in this case”).

(2) On July 13, 2010, Defendant C divided the same into three lots, including 2,001 square meters in the instant land, G 1,490 square meters in the previous G sold by Defendant C, and 1,490 square meters in the first place, and 505 square meters in the first place. (2) On July 13, 2010, Defendant C divided the same into three parcels, including 2,001 square meters in the instant land, G 1,490 square meters in the first place and 505 square meters in the first place, and Defendant C completed the registration for transfer of each ownership from Defendant C to the Plaintiff.

However, with respect to the land of this case, the registration of ownership in the name of Defendant C remains until now.

C. 1) As of January 4, 2006, the registration of the right to collateral security was completed in the name of the debtor B and the maximum debt amount of KRW 1.16 billion in the name of the debtor in the name of the bank with respect to the land of KRW 30,96 square meters in G prior to the division as of January 4, 2006. The registration of the right to collateral security was revoked after the division as of July 9, 2008. The registration of the right to collateral security was completed with respect to the land of this case by changing the debtor from Plaintiff B to E Co., Ltd. (hereinafter “the defendant company”). Meanwhile, the defendant KBC Co., Ltd (hereinafter “the defendant company”) completed the registration of the right to collateral security on January 19, 2010 by newly building four buildings listed in the attached Tables 2 through 5 on the land of this case as of January 29, 2010.

3. As to each real estate listed in the separate sheet on June 30, 2016, the Korean bank, in which the E Co., Ltd. is the debtor.

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