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(영문) 의정부지방법원 2018.02.22 2017나7751
근저당권설정등기에 대한 말소 등
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. As the principal claim, the Plaintiff filed a claim for registration of cancellation of the right to collateral security against B as the main claim, and filed a claim for confirmation of existence of the obligation against the Defendant as the conjunctive claim, and the Defendant filed a claim for confirmation of existence of the obligation against B as the principal claim. As a counterclaim, the Defendant filed a claim for reimbursement of KRW 28,420,00 in total, and KRW 29,882,879 in total, the amount of the property tax paid in lieu of a

The court of the first instance accepted the plaintiff's main claim among the plaintiff's main claim, and accepted only the amount of KRW 1,275,920 in the amount of property tax paid on behalf of the defendant's counterclaim. The plaintiff did not appeal against the part against the defendant, and only the defendant has appealed against the part against the defendant. As such, the judgment of the court of the first instance is limited to KRW 186,959 out of the amount of property tax paid on behalf of the counter defendant (=1,462,879 won - 1,275,920 won) and the amount of money acquired on behalf of the plaintiff.

2. Basic facts

A. The Plaintiff and the Defendant were legally married couple who completed the marriage report on June 12, 1997, and the conciliation was concluded on April 6, 2016 in the case of divorce and consolation money, etc. by the District Court Decision 2015Reu372.

The main contents of the above conciliation protocol are as follows:

The Defendant, by May 30, 2016, shall implement the procedure for the registration of ownership transfer based on the division of property on the date of the above mediation with respect to the real estate stated in the attached list (hereinafter “instant apartment”).

By April 30, 2016, the Defendant shall implement the procedure for registration of cancellation of the establishment registration of a neighboring apartment that was established on the instant apartment by February 8, 2007, which was completed by No. 3220 on February 8, 2007.

The plaintiff shall bear the past and future management expenses, taxes, etc. concerning the apartment of this case.

The plaintiff received a loan from the defendant as collateral for the apartment of this case on the same day immediately after the execution of the procedure for the registration of transfer of ownership of the apartment of this case. If the plaintiff delayed the payment of the above amount to the defendant by the above payment date, it shall be calculated at the rate of 15% per annum from the day following the payment date to the day of full payment.

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