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(영문) 인천지방법원 2018.11.08 2017가단212278
소유권말소등기
Text

1. The defendant is the Incheon District Court with respect to the share of 6.616/327.8 of each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On May 3, 2002, the Plaintiff completed the registration of ownership transfer with respect to the amount of 63 square meters in Nam-gu Incheon Metropolitan City C, 49 square meters in D miscellaneous land, and 215.8 square meters in E miscellaneous land (hereinafter referred to as “land number”). On January 16, 2003, the Plaintiff completed the registration of ownership transfer with respect to the amount of 1.6529/63 shares in C, 1.6529/49 shares in D, 3.3058/215 shares in E.

(4) On June 17, 2003, the Defendant of the Plaintiff, among the Plaintiff’s respective real property, KRW 50 million on January 16, 2003, the amount of the maximum debt on the date of receipt of the object was KRW 6.616/327.8, all of which were due to the error of application on June 17, 2003. The registration of correction was completed on May 3, 2002. The Defendant of the Plaintiff, among the Plaintiff’s respective real property, the Plaintiff’s share of KRW 45 million on February 28, 2003 among the Plaintiff’s respective real property, of KRW 150 million on May 16, 2003.

B. The plaintiff from May 3, 2002 to February 28, 2003

With respect to each real estate mentioned in the port, the establishment registration of neighboring mortgage was completed three times in the defendant's future as follows:

C. The plaintiff is the head of the Nam-gu Incheon Metropolitan City Gu around 2002.

On January 20, 2003, the name of the building owner was changed from the Plaintiff’s sole name to the original Defendant’s joint name with respect to the new construction of “F” on the ground of each land indicated in the subsection (G) and on January 20, 2003.

On June 17, 2003, the Plaintiff and the Defendant completed each registration of preservation of ownership as to the shares of the Plaintiff 321.184/327.8, among each of the real estate listed in the separate sheet (hereinafter “each of the real estate of this case”), which is part of the portion of exclusive ownership of the instant loan, which is a sectional ownership building, and the Defendant completed each registration of preservation of ownership as to the shares of June 116/327

(B) The Defendant of the Plaintiff, on June 17, 2003, KRW 150 million, the mortgagee of the right to collateral security on June 17, 2003, and KRW 45 million on May 7, 2004, with respect to the above shares in the Defendant’s name (hereinafter “the registration of initial ownership”). The Defendant of the Plaintiff, on May 7, 2004, KRW 5 million, who was the mortgagee of the right to collateral security on June 17, 2003

E. From June 17, 2003 to May 7, 2004, the Plaintiff’s share in each of the instant real estate to the Defendant three times as follows.

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