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(영문) 수원지방법원여주지원 2019.06.13 2018가단7179

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. As to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1 of this case”), the registration of provisional attachment in the name of the Plaintiff was completed on June 21, 1990, the registration of transfer of ownership in the name of the Plaintiff on July 25, 2007, the registration of transfer of ownership in the name of C on November 5, 2007, and the registration of transfer of ownership in the name of the Defendant was completed on September 28, 2018.

B. With respect to the real estate listed in paragraph (2) of the Attached List No. 2 (hereinafter “real estate No. 2”), the provisional attachment registration in the name of F corporation was completed on June 21, 1990, on December 24, 2003, on September 24, 2008, on which the ownership transfer registration in the name of the Plaintiff was completed, on September 24, 2008, on which the ownership transfer registration in the name of the Defendant was completed, and on June 21, 2018, on which the claimed amount was KRW 8,230,997, on September 28, 2018, on which the provisional attachment registration in the name of F corporation was completed as KRW 6,621,107.

C. As to the real estate listed in paragraph (3) of the attached Table No. 3 (hereinafter “third real estate of this case”), on June 5, 1990, the ownership transfer registration under the name of the Plaintiff was completed on February 23, 2005, the ownership transfer registration under E was completed on September 24, 2008, and the ownership transfer registration under the name of the Defendant was completed on June 21, 2018, the provisional attachment registration under the name of F Co., Ltd. was completed on September 28, 2018, and the provisional attachment registration under the name of F Co., Ltd. with the claim amount of KRW 8,230,997 was completed on September 28, 2018.

With respect to the instant 1, 2, and 3 real estate (hereinafter “each of the instant real estate”), the establishment registration of a neighboring mortgage in the name of G with the maximum debt amount of KRW 30 million on January 17, 2008 (the supplementary registration for the transfer of the said right to collateral security is made in the future on April 10, 2009) was completed on December 3, 2008, the establishment registration of a neighboring mortgage in the name of H with the maximum debt amount of KRW 30 million on December 3, 2008 was completed on January 17, 2018, and the registration for the establishment of a right to lease on a deposit basis in the name of J was completed on January 17, 2018.

Grounds for recognition: