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(영문) 의정부지방법원 2018.12.14 2017가단121410

소유권말소등기

Text

1. The defendant,

A. As to the real estate listed in the separate sheet No. 1 attached to the plaintiff A, it is limited to the sale on November 18, 2005.

Reasons

1. Basic facts

A. Plaintiff A is the children of Plaintiff B, and the Defendant is the husband of Nonparty D, who is the father of Plaintiff B, and the Plaintiff B’s fraud.

B. Plaintiff A owned each real estate listed in the separate sheet No. 1 and Plaintiff B owned each of the real estate listed in the separate sheet No. 2 (2). However, in the course of Plaintiff B’s loaning KRW 160 million from E Association (hereinafter “E Association”) around March 1997, Plaintiff A becomes a joint guarantor. As to the real estate listed in the separate sheet No. 1 and the real estate listed in the separate sheet No. 224,000,000 in the title of E Association on March 8, 1997, the joint collateral mortgage was created under the name of E Association No. 224,000,000, and thereafter, on May 7, 1999 at the request of E Association, the decision to commence the auction voluntarily (the claimed amount KRW 204,629,52) was rendered.

C. The Plaintiff: (a) owned ① G 21 square meters (hereinafter “real estate”); (b) the above H 179 square meters (hereinafter “B real estate”); (c) the above H H mentor and the 33.48 square meters of a single-story housing (hereinafter “III real estate”); (d) the above H, G ground wood mentor and the 55.12 square meters of a single-story business office; and (53.01 square meters of a mentor’s 43.01 square meters of a single-story housing (hereinafter “No real estate”); (c) during the course of lending KRW 100 million at the E Association, the Plaintiff was jointly established in the name of the maximum debt amount of the E Association on March 10, 1997; and (d) the Seoul District Court rendered a decision to commence the auction on May 198, 1995. < Amended by Presidential Decree No. 15565, Apr. 16, 1995>

The plaintiffs, with respect to the real estate listed in the [Attachment 1] List on December 5, 200 without receiving any separate purchase price from the defendant, and the real estate listed in the [Attachment 2] List on December 30, 200 and the real estate listed in the [Attachment 2] List on December 30, 200 and completed the registration of ownership transfer based on sale under each defendant's name. < Amended by Presidential Decree No. 17417, Dec. 201; Presidential Decree No. 17407, Dec. 1, 2001;