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(영문) 수원지방법원 안산지원 2017.03.22 2016가단67571

근저당권말소

Text

1. The defendant shall have jurisdiction over the share of 1/3 of the 493 square meters of the members of Ansan-si, Ansan-si, the plaintiff on March 2, 2002.

Reasons

1. Basic facts

A. On March 2005, the Plaintiff’s mother entered into an agreement with E to exchange 40/70 shares out of 132 square meters in Seoul, Guro-gu Seoul, F. F. 132 square meters in size, and 1/3 shares out of 1,700 square meters in the 1,700 square meters in the 2nd and 493 square meters in the 1,700 square meters in the 2nd and 3nd and 493 square meters in the 1,700 square meters in the 2nd and 3nd and 493 square meters in the 2nd and 493 square meters in

D and E concluded the above exchange contract, they completed the registration of ownership transfer in the name of E's mother H, and agreed to complete the registration of ownership transfer in the name of the plaintiff, who is the child of D.

B. On March 23, 2005, D completed the registration of ownership transfer with respect to the housing of 40/70 shares and above 2-story from among F-132 square meters in Guro-gu Seoul Metropolitan Government, and the housing of 132 square meters on the above ground, Eul did not complete the registration of ownership transfer with respect to each real estate of this case to the Plaintiff.

Accordingly, the Plaintiff filed a lawsuit against E seeking the implementation of the procedure for the registration of ownership transfer concerning each of the instant real estate, and received a favorable judgment on April 23, 2008, and accordingly completed the registration of ownership transfer on November 24, 2010.

C. Meanwhile, each of the instant real estates was completed on October 28, 2013, following the Plaintiff’s filing of a lawsuit seeking the implementation of the procedure for the cancellation of the registration of the establishment of a neighboring mortgage (U.S. Supreme Court Branch Decision 2013No. 24733, Oct. 28, 2013, 201; hereinafter “the instant lawsuit”). On October 28, 2013, following the Plaintiff’s filing of a lawsuit seeking the implementation of the procedure for the cancellation of the registration of the establishment of a neighboring mortgage (U.S. District Court Decision 2013No27424, Oct. 17, 2002, the registration of the establishment of a collateral security under the name of the Defendant was completed on October 28, 2013.

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