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1. The defendant shall accept on April 26, 199 the Daegu District Court's Ansan-dong Branch with respect to the land size of 817 square meters in Ansan-si, Dong-si.
Reasons
1. Basic facts
A. The registration of ownership transfer was completed on June 30, 1965 with respect to the land B in Ansan-si, B, 995 square meters (hereinafter “land before subdivision”), and the registration of ownership transfer was completed on October 31, 1984 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Apr. 3, 1982, and its invalidation) on August 8, 1974.
On November 14, 1990, the land before subdivision was divided into B 817 square meters (hereinafter “instant land”) and D 178 square meters (hereinafter “instant land”).
B. As to the instant land, on June 8, 1993, the registration of transfer of ownership was completed on the ground of sale as of April 5, 1985 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”)
(hereinafter “instant transfer registration”). C.
E around April 17, 1999, around April 17, 1999, borrowed money from the roadside Agricultural Cooperative (the defendant succeeded to his status in 2008; hereinafter the same shall apply) in order to secure the obligation for the loan, and completed the registration of creation of a neighboring mortgage in the future of the defendant on April 26, 199 with the maximum debt amount of 70 million won as to the instant real estate.
(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).
The Plaintiff asserted that the transfer registration of ownership in this case was null and void, and filed a lawsuit against E seeking the procedure for cancelling the transfer registration of ownership in this case (Tgu District Court Decision 2013Gadan959) inasmuch as E, who pretended to purchase the land in this case and completed the transfer registration of ownership in this case based on a false certificate of guarantee and a false confirmation, although he had never sold the land in this case
E. On April 16, 2014, the court of first instance rendered a judgment dismissing the Plaintiff’s claim.
However, the appellate court (Tgu District Court 2014Na7115) has registered transfer of ownership of this case differently.