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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 plaintiff is in a marital relationship (re-litigation) with the non-party B, and the non-party C is a child of the B.
B. C completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) on April 26, 2013 with respect to the real estate listed in the separate sheet, which was owned by the Plaintiff (hereinafter “instant real estate”).
C. C took out a loan of KRW 500 million from the Defendant on May 10, 2013. On the same day, C completed the registration of the establishment of a mortgage over the instant real estate with the Seoul Central District Court’s registration No. 115206, May 10, 2013. On December 6, 2013, the said loan was increased to KRW 650,000,000,000 for additional security, and completed the registration of the establishment of a mortgage over the instant real estate by the mortgagee, Defendant, the maximum debt amount of KRW 180,000,000,000,000,000,000 won.
After that, C took out a loan of KRW 350 million from the Defendant on April 29, 2014, and completed the registration of creation of a mortgage of KRW 420 million with respect to the instant real estate as the Seoul Central District Court’s registry No. 97922, Apr. 29, 2014; and upon receiving a loan of KRW 500 million from the Defendant on November 17, 2014, C completed the registration of creation of a mortgage of KRW 600 million with respect to the instant real estate as the mortgagee, Defendant of the collective security, and maximum debt amount, under the Act No. 267146, Nov. 19, 2014.
The above:
(c).
the establishment registration of each of the preceding units in this case shall be deemed to be "the establishment registration of each of the preceding units of this case."
E) On August 2, 2017, the Plaintiff filed a lawsuit against C for the registration of ownership transfer under the Plaintiff’s name by forging a written application for the registration of ownership transfer (donation) and completed the registration of ownership transfer, and received a favorable judgment by means of service by public notice on November 10, 2017 (hereinafter “related judgment”).
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