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(영문) 서울중앙지방법원 2017.06.09 2015가합18577
임대료 등 반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The relevant net C (Death on March 27, 2015) of the Parties had five children between the Plaintiff, Defendant, E, F, and G5.

The plaintiff returned to New Zealand on November 1, 1993 and returned to Korea on September 201.

B. On March 22, 1989, C obtained a building permit under the name of the Plaintiff, and attached Form C on the Seo-gu Busan, Seo-gu, Busan.

1. On December 24, 191, the registration of initial ownership was completed in the name of the Plaintiff with respect to the instant building, which was newly constructed on the stated building (hereinafter referred to as the “instant building”).

In addition, C obtained a building permit under the name of C and the defendant on March 22, 1989, and attached Form C on the I ground owned by C.

2. New construction of the building mentioned above, and the attachment on December 28, 1991

2. The portion of the underground floor or the third floor among the entered buildings is completed in the name of the defendant, while the fourth and fifth floor are completed in the name of C, respectively.

(2) Meanwhile, the instant building and its attachment

2. On June 16, 1990, the construction of a new building on the land owned by the mortgagee C, the debtor C, the debtor, the debtor, the maximum debt amount No. 300,000, and the maximum debt amount No. 300,000,000 won was completed, respectively.

On June 27, 2003, L was donated by the Defendant’s son, and L was taken over the status of the debtor of each right to collateral security from C, the Plaintiff, and the Defendant on September 23, 2003, and cancelled the registration of creation of each right to collateral security on January 17, 2012.

(3) The defendant on May 17, 1989, attached Form 3

(a) On March 20, 1989, the registration of ownership transfer for the construction entered was completed on March 20, 1989, and on May 17, 1989, attached Form 3; and

B. On March 10, 1989, the registration of ownership transfer was completed for the reasons of sale, and on May 19, 1989, attached Form 3.

C. On March 30, 1989, the registration of ownership transfer for the recorded buildings has been completed.

(4) C from July 20, 1996, the attached Form owned by C is as follows.

4. The description.

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