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(영문) 춘천지방법원 속초지원 2018.08.17 2017가단31861

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 1, 200, the Plaintiff: (a) leased each real estate listed in the separate sheet (hereinafter “instant real estate”) with a deposit of KRW 30 million, monthly rent of KRW 1.5 million (hereinafter “instant lease”); and (b) is running a restaurant business in the name of “C” from that time to that time.

B. At the time of November 8, 2007, D, which was the owner of the instant real estate, completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate as the maximum debt amount of KRW 130 million, the debtor D, the mortgagee D, and the Korea Agricultural Cooperative for the Establishment of the said right.

C. The Defendant’s wife, on July 11, 2008, concluded a contract to purchase the instant real estate from D with the price of KRW 265 million (hereinafter “the instant transaction”), and decided to acquire KRW 30 million as the repayment obligation of the instant lease deposit and KRW 100 million as the secured obligation of the instant right to collateral security.

Accordingly, E pays 1350 million won for the remainder after deducting the obligation accepted as above from D, and completes the registration of transfer of ownership due to the instant sale on July 21, 2008, taking over the secured obligation of the instant mortgage at the same time as the registration of transfer of ownership due to the instant sale, and completed the registration to change the obligor of the instant mortgage to E.

E died on January 22, 2010.

E. On March 15, 2010, the Defendant inherited the instant real estate from E, completed the registration of ownership transfer based on inheritance. On December 14, 2010, the Defendant acquired the secured obligation of the instant mortgage and completed the registration to change the obligor of the instant mortgage to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is to jointly purchase the instant real estate from D with E, and the registration title is to be made.