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(영문) 대구지방법원 김천지원 2018.08.10 2017가합16139

부당이득반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A.F completed the registration of ownership transfer on the instant land owned by it on September 6, 2005, as a result of sale in the G on September 6, 2005. G completed the registration of ownership transfer on the instant land as to the same day, G, the debtor, the mortgagee of the right to collateral security, and the maximum debt amount of KRW 520 million. (2) G following the death of G, as to the instant land, the registration of ownership transfer was completed on April 11, 2006, for the instant land by inheritance in the future of the Plaintiff, who is his wife.

As to the land of this case on the same day, the Plaintiff completed the registration of creation of a neighboring mortgage with the debtor I (Plaintiff's children), J-mortgage and maximum debt amount of 2.4 billion won.

3) On August 20, 2007, J decided to commence voluntary auction (Seoul District Court K) with respect to the instant land on the basis of the above right to collateral security, but withdrawn the above voluntary auction application on August 27, 2007. (4) The Plaintiff completed the registration of ownership transfer on the instant land on September 5, 2007.

B. L (1) ownership registration of the instant building, which was owned by the Defendant, was completed on September 5, 2007, with respect to the instant building, including the ownership relationship between In-dong Ma building N, O, P, and Q (hereinafter collectively referred to as “instant building”). Thereafter, the Defendant completed the registration of ownership transfer on several occasions regarding the instant building on January 8, 2015. (2) The Defendant completed the registration of ownership transfer on the instant building on January 8, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 9, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff was inherited the instant land when G, her husband, died after purchasing the instant land.

The Plaintiff and L exchanged the instant land and L owned by the Plaintiff on September 5, 2007, but the Plaintiff transferred to the Defendant, who is a child I for the convenience of the loan.