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(영문) 의정부지방법원고양지원 2015.09.09 2014가단67013

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B completed the registration of ownership transfer as the High Government District Court No. 116722 on August 7, 2009, which was received on July 27, 2009 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. As to the instant real estate, the Defendant completed the registration of the establishment of a mortgage on the debtor B’s establishment of a mortgage on the instant real property with the maximum debt amount of KRW 350,000,000, and the Goyang-gu District Court for the Goyang Branch of the Goyang Branch of the High Court as the 116723, August

(hereinafter) The registration of the establishment of a mortgage in the nearest area is “the establishment of a mortgage in the nearest area of this case” (which is the ground for recognition) No. 1.

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff has a claim against B for transfer money.

In view of the following: (a) the relationship between B and the Defendant; (b) the objective data on the secured debt of the instant mortgage registration is insufficient; (c) the registration of ownership transfer in the name of B and the registration of the establishment of the establishment of the neighboring mortgage of this case was completed prior to the cancellation of the existing registration of the establishment of the establishment of the neighboring mortgage of this case; and (d) the maximum debt amount of the establishment of the instant neighboring mortgage of this case exceeds the transaction amount of the instant real estate; and (b) the registration of the establishment of the neighboring mortgage of this case is invalid because the establishment of the mortgage of this case was based on the agreement entered into with a false representation of agreement

B. The Defendant’s assertion B was placed in an economically difficult situation, and the Defendant purchased the instant real estate in KRW 311,00,000,000 with the money received as repayment of the existing loan from C, and other Defendant’s money, in order to prepare a house for slaughter to B who think of as Chok.

In order to be exempted from capital gains tax later due to the relationship with which the defendant already owns another house, the real estate of this case shall be named B.