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(영문) 서울동부지방법원 2015.05.29 2014가단134744
근저당권말소
Text

1. As to each real estate listed in the separate sheet 1 and 2 to the Plaintiffs, the Defendant shall make June 29, 201 to the Seoul Eastern District Court.

Reasons

1. Basic facts

A. On February 22, 2011, the agreement was prepared by the deceased C (hereinafter “the deceased”) to donate the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant real estate”) to Nonparty D, his grandchild, and accordingly, the Seoul Eastern District Court (Seoul East District Court Decision 10292 on February 28, 201, received each of the real estate listed in the separate sheet No. 10293 on February 28, 2011, and the registration of transfer of ownership in each of the instant real estate listed in the separate sheet No. 10293 on February 28, 2011 (hereinafter “each of the instant transfer of ownership”).

B. D, based on the registration of transfer of ownership of each of the instant real estate, completed the registration of establishment of each of the instant real estate by the Defendant, as Seoul Eastern District Court No. 38346, Jun. 29, 201, the debtor D, the maximum debt amount of which is KRW 52 million, and the mortgagee’s each of the instant collateral security interests as the Defendant (hereinafter “the registration of establishment of each of the instant collateral security interests”).

B. On December 13, 2011, the Deceased filed a lawsuit against the foregoing D seeking the cancellation of each transfer of ownership registration of this case under the Seoul East Eastern District Court 201Gahap22083, which was the Seoul Eastern District Court. On July 14, 2012, the Plaintiffs taken over the said lawsuit against the deceased’s children (three South and North Korean children).

C. The court of the first instance rendered a judgment against the Plaintiffs on November 2, 2012, but the Plaintiffs appealed as Seoul High Court 2012Na1116, and on October 30, 2013, the court revoked the judgment of the first instance court and rendered a favorable judgment in full favor of the Plaintiffs, with the purport that “The registration of each transfer of ownership in this case was destroyed as there are doubtful circumstances to deem that the registration procedure was not lawfully followed,” and that “D failed to prove that the registration of each transfer of ownership in this case was a valid registration legally completed, and thus, the registration of each transfer of ownership in this case should be revoked as a registration of invalidation.”

On the other hand, the above D is Supreme Court Decision 2013Da87482.

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