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(영문) 제주지방법원 2019.10.01 2018가단55472
가등기말소
Text

1. The Plaintiff:

A. As to the portion of the real estate in the separate sheet No. 1 to No. 4, Defendant B, respectively.

Reasons

1. Facts of recognition;

A. On May 30, 2005, the Plaintiff donated real estate Nos. 1, 2, 3, 4, 5, and 6 in the separate sheet (hereinafter “instant real estate”) from D and completed the registration of ownership transfer for the instant real estate No. 5, 6 among the instant real estate No. 3 on May 8, 2008; and on May 30, 2016, the Plaintiff was the owner of each of the instant real estate on which the registration of ownership transfer for the instant real estate No. 1, 2, and 4 was completed for each gift on May 30, 2016. On May 19, 2017, the Plaintiff completed the registration of ownership transfer for the instant real estate No. 1, 60,000,000 won with respect to the maximum debt amount for the instant real estate No. 4, and completed the registration of establishment of a mortgage to E association.

B. On June 14, 2017, the Plaintiff maintained a non-wheeled relationship with a third party. On June 14, 2017, the Plaintiff prepared a letter to the wife F stating that “any property at the time when there is an influence, such as an external map, is transferred to G, H, and I, who are their children.” On June 21, 2017, the Plaintiff completed the registration of transfer of ownership on the ground of donation on April 20, 2017, with respect to one half of each of the instant real estate and each of the instant real estate and each of the instant multi-family housing on the third floor in the Seopo-si, Seopopopo-si, J. 31 square meters (hereinafter “M housing, etc.”).

C. On July 20, 2017, Defendant B, the Plaintiff’s punishment, filed an application for credit information inquiry with the E Union upon the Plaintiff’s delegation. The Plaintiff’s loan and shipment advance payment amounted to KRW 92,55,780 in the remainder of the principal amount of KRW 94,00,000 in total.

On July 26, 2017, the Plaintiff promised between Defendant B and Defendant B to sell one half of the remaining shares owned by each Plaintiff among the real estate Nos. 1 through 4 of this case (hereinafter “instant share No. 1”); and between Defendant C and Defendant C, who is Defendant B’s ASEAN, one half of the remaining shares owned by each Plaintiff of the instant real estate Nos. 5 and 6 (hereinafter “instant share No. 2”).

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