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(영문) 서울동부지방법원 2021.01.13 2020가단115669

근저당권말소

Text

The defendant shall receive the plaintiffs on September 11, 2015 with respect to each real estate listed in the attached real estate list.

Reasons

1. Facts of recognition;

A. The plaintiff A is the wife of D, the plaintiff B's son, and the mother of D.

B. On July 3, 1995, D (hereinafter “the Deceased”) died due to a traffic accident and received KRW 208,098,430 as a result of the Deceased’s death. The Plaintiff purchased each of the real estate listed in the separate sheet (hereinafter “the instant real estate”) at the deceased’s father’s recommendation by the deceased’s father F, and subsequently, purchased each of the real estate listed in the separate sheet (hereinafter “the instant real estate”) under the name of the Plaintiff A and E, and later, if the Plaintiff was an adult, the shares owned by E were returned.

(c)

Plaintiff

A and E entered into a sales contract between G and H on August 14, 1995 with respect to the instant real estate as KRW 300 million, and completed the registration of transfer of ownership in the name of Plaintiff A and E on October 31, 1995 after paying the above insurance money.

(d)

On December 2, 2015, in order to preserve the right to claim the cancellation of the registration of G and H’s transfer of ownership against E, the Plaintiffs filed an application for disposal of the instant real estate price with the Seoul Eastern District Court 2015 Kadan 101967 and received a provisional disposition order on the 18th of the same month. Accordingly, the provisional disposition registration of the instant real estate was completed.

E. The Plaintiffs filed a lawsuit against E with respect to the implementation of the procedure for the registration of cancellation of ownership of 1/2 shares out of the instant real estate, against G and H, with respect to 1/10 shares out of the instant real estate, and 4/10 shares of the instant real estate, and against G and H, with respect to the performance of the procedure for the registration of transfer of ownership due to each sale. The judgment accepting the Plaintiffs’ claim from this court was rendered by this court. Upon appeal by E to this court, E filed a counterclaim seeking payment of KRW 108,497,440 as part of the costs incurred in the instant real estate. However, the instant judgment was rendered by the court 2018Na21632 (the instant lawsuit), 2018Na28350 (Counterclaim) and the judgment dismissed by E’s appeal and counterclaim. This judgment became final and conclusive at that time.

F. On the other hand, E is a share of the instant real estate.