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(영문) 수원지방법원 2016.04.07 2015나15143
소유권말소등기
Text

1. The plaintiff's appeal against the defendants and the conjunctive claim against the defendant B added at the trial are all dismissed.

Reasons

1. Basic facts

A. With respect to Pyeongtaek-si E, which was originally owned by the Plaintiff (hereinafter “instant real estate”), the registration of Lanwon District Court’s Eunpyeong-gu Housing Sitewon and the registration of transfer of ownership in Defendant B’s name (hereinafter “registration No. 1”) was completed as of December 17, 2008 as of December 19, 2008, with the receipt of No. 61875, Dec. 19, 2008.

B. Since then, with respect to the shares of 548/3,078 out of the instant real estate, the registration of Suwon District Court’s Eunpyeong Housing Site Board was completed as to the shares in the Defendant’s name, which was received as of December 14, 2012, as of December 6, 2012, as of December 14, 2012, as to the shares of 1,539/3,078 out of the same real estate, the registration of the same court and the registration of ownership transfer in Defendant D’s name (hereinafter “instant registration”) was completed as of December 14, 2012, as of December 14, 2012, as of December 6, 2012.

C. Meanwhile, on the other hand, on May 6, 2008, the establishment registration of a mortgage contract regarding the instant real estate, which was registered as owned by the Plaintiff, was completed with the maximum debt amount of KRW 78,00,000,00 as the grounds for registration, the debtor A (Plaintiff), and Defendant B as the mortgagee B.

On December 22, 2008, the registration of the establishment of a neighboring mortgage was cancelled due to confusion with the registration of the ownership transfer under Defendant B on December 17, 2008.

On December 22, 2008, the establishment registration of a collateral security contract was completed with the maximum debt amount of 280,000,000,000 as the grounds for registration, and the establishment registration of a collateral security contract with the debtor B, the debtor B and the debtor of the right to collateral security as the Central Saemaul

On December 23, 2008, the following day, the registration of establishment of a mortgage (No. 2, 4, 5, and 6) was completed at the time when the real estate was registered in the name of the Plaintiff on December 23, 2008, was revoked on December 23, 2008 due to the termination of the mortgage contract.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff's main cause of the primary claim is high.

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