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(영문) 서울고등법원 2018.10.17 2017나2064898

소유권이전등기절차이행

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1. Revocation of the first instance judgment.

2. On September 12, 2013, the Defendant entered each real estate in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant borrowed KRW 280,00,000 from the Plaintiff as joint security and completed the registration of creation of a collateral on each real estate listed in the separate sheet owned by the Defendant (hereinafter “the instant private house”) and 7/21 of the share of KRW 7,935,00,000,000,000 among the 7,935,000,000,0000,000,000,0000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00.

B. On January 26, 201, the Defendant repaid the Plaintiff KRW 140,00,000,00 to the Plaintiff and cancelled all the registration of the establishment of a mortgage on the instant private loan, among the registration of the establishment of a mortgage on each of the foregoing units, and completed the registration of the establishment of a mortgage on the instant private loan amount of KRW 140,00,000 (hereinafter “the instant loan”). On February 9, 2011, the Defendant completed the registration of the establishment of a mortgage on the instant private loan amount of KRW 180,000 with respect to the remainder of the loan amount of KRW 140,000,000,000 with respect to the maximum debt amount of KRW 10,000,000

C. On October 21, 2015, the Defendant filed a lawsuit against the Plaintiff seeking the cancellation of the collateral security registration for the land of Pyeongtaek-gun in Incheon District Court 2015da60268 for the implementation of the procedure for registration of cancellation of collateral security (hereinafter “prior lawsuit”), and the Plaintiff did not submit a written response to the lawsuit, and the judgment accepting all the Defendant’s claims was handed down on December 17, 2015, which became final and conclusive.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 6, 20.