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(영문) 인천지방법원 2014.10.23 2013가단233932

근저당권말소회복등기절차이행등 청구의 소

Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant A and B shall be the Incheon District Court on May 8, 2012 with respect to the area of 124 square meters in Nam-gu Incheon District Court.

Reasons

1. Basic facts

A. M is an employee working at the Plaintiff’s O branch in Yeonsu-gu Incheon Metropolitan City as a person in charge of loan and credit management at the Plaintiff’s O branch, and the Defendant A is the mother of M and the Defendant B’s spouse.

B. On July 28, 201, Defendant A and B completed the registration of ownership transfer with respect to each of 1/2 shares out of the amount of 124 square meters in Nam-gu Incheon Metropolitan City L (the instant real estate).

C. On September 23, 2011, the Plaintiff completed the registration of creation of a mortgage on the instant real estate and buildings on the ground thereof by the Incheon District Court under Article 92149, the maximum debt amount of KRW 338,00,000, and Defendant B’s neighboring establishment of a mortgage on the said real estate

(Registration of the establishment of a neighboring property of this case)

M around May 8, 2012, without being delegated by the Plaintiff, had the registration of cancellation of the registration of the establishment of the creation of the neighboring mortgage of this case completed on May 8, 2012 by the Incheon District Court No. 37884, which was received on May 8, 2012.

(Registration of this case cancellation). E.

M was prosecuted for the above criminal facts and was sentenced to imprisonment with prison labor at Seoul High Court on August 28, 2014, and the above judgment became final and conclusive around that time.

(f) Defendant A and B newly built 8 households (No. 201, No. 202, 301, 302, 401, 402, 501, 502, and 502) of reinforced concrete structure, concrete branch, and roof 5 stories (No. 201, 202, 202, 301, 402, and 502) of this case’s real estate and P land as site ownership after the registration of cancellation of the instant right to collateral ownership was completed on April 20, 2012.

G. Of the above multi-family housing, No. 1) 201, on December 13, 2012, the registration of ownership transfer under Defendant C’s name, and the registration of ownership transfer under Defendant C’s name on the same day, and No. 202, on November 22, 2012, the registration of ownership transfer under Defendant D’s name and the registration of ownership transfer under Defendant C’s name on the same day, and No. 301, subparagraph 302, on December 20, 2012, the registration of ownership transfer under Defendant F’s name, and No. 302, May 8, 2012.