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(영문) 수원지방법원여주지원 2016.04.26 2015가단3145
근저당권말소
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On September 5, 1985, the Plaintiff married with C, the Defendant’s children, but divorced on July 5, 2007.

B. On December 22, 2008, the Defendant completed the registration of ownership transfer in C future on the ground that each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was donated on November 25, 2008.

C. C died on December 11, 2012, and on January 3, 2013, the registration of ownership transfer was completed in the D, an infant between C and the Plaintiff on the ground of inheritance by consultation and division on January 3, 2013.

On February 13, 2013, the Suwon District Court completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with the debtor D on February 13, 2013, wherein the debtor is the defendant and the mortgagee as the defendant and the maximum debt amount are KRW 500 million.

E. D’s death on October 27, 2014. On March 31, 2015, the Suwon District Court received the ownership transfer registration (hereinafter “instant ownership transfer registration”) from the Plaintiff on the ground of inheritance as the receipt No. 13244 on March 31, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 6, the purport of the whole pleadings

2. The Plaintiff asserts that the registration of cancellation of the registration of the establishment of the establishment of the root of this case is invalid because the registration of the establishment of the establishment of the principal lawsuit of this case was made by a false agreement between D and the Defendant, and the Defendant is obliged to implement the registration procedure of cancellation

However, there is no evidence to acknowledge the plaintiff's assertion, so the plaintiff's claim on the merits is without merit.

3. Judgment on the counterclaim

A. The Defendant’s assertion that the gift of each of the instant real estate against C by the Defendant is an onerous donation that bears the burden of C to support the Defendant until the Defendant’s death.

D who succeeds to C's duty to support due to onerous donation shall fulfill the duty to support the defendant.

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