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Reasons
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(영문) 서울고등법원 2015.09.11 2014나2051266
소유권이전등기말소등
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1. To dismiss the instant lawsuit that has been changed in exchange at the trial;

2. The total cost of the lawsuit is the Plaintiff’s representative.

Reasons

1. Basic facts

A. As to the area of 1,911 square meters and 899 square meters prior to H, which was owned by F (hereinafter “each of the instant lands”), the registration of transfer of ownership in the Plaintiff’s name was completed on July 8, 2009 by the Suwon District Court Receipt Office of Suwon District Court No. 104829, Apr. 26, 1990, as the Plaintiff’s registration office received on July 8, 2009. The registration of transfer of ownership was completed on August 3, 2009 by the number of 11925252, the receipt of the same registry office on July 29, 2009.

B. On March 31, 2011, I completed the registration of ownership transfer based on trust before J on the instant land. On May 6, 2011, I again completed the registration of ownership transfer under one’s own name on the ground of reversion of trust property.

C. Meanwhile, on August 3, 2009, I completed the registration of creation of a mortgage over the maximum debt amount of KRW 300,000,000 on each of the instant lands to Defendant C and E on the grounds of the contract concluded on July 31, 2009. On May 19, 2011, I completed the registration of creation of a mortgage over the maximum debt amount of KRW 1,50,000,000 for the same day contract to Defendant C and E.

[Ground of recognition] Facts without dispute, Gap evidence 5-1 and 2, the purport of the whole pleadings

2. The registration of ownership transfer as of August 3, 2009, the registration of ownership transfer as of May 6, 201, and the registration of ownership transfer as of May 6, 201, under the name of the Defendants based on the Plaintiff’s assertion, should be cancelled in entirety as the registration of invalidation of cause completed by K and I’s acts without any disposal authority as to each of the instant lands. The Defendants are obliged to express their consent to the execution of the procedure for cancellation of ownership transfer registration.

3. Whether the lawsuit of this case is legitimate

A. The Defendants asserted that the instant lawsuit filed by D as the Plaintiff’s representative is unlawful as a lawsuit filed by a person without the power of representation.

(b) Evidence No. 3 and Eul’s evidence No. 5 are the purport of the whole pleadings.

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