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(영문) 대구지방법원 2016.01.29 2015나301180
소유권이전등기말소 등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B is about 136 square meters in relation to the Plaintiff, Gyeongbuk-gun, Chungcheongnam-gu.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on March 14, 201 with respect to the instant real estate.

B. On March 31, 2011, Defendant B (G’s third ASEAN) filed for provisional registration of this case in the name of C on the ground of a pre-sale agreement on March 30, 2011.

C. In addition, on May 11, 201, Defendant B completed the registration of the establishment of the instant neighboring land in the name C of his name at the time of the instant real estate.

On August 1, 2012, Defendant D (II) completed the instant registration of ownership transfer on the ground of sale on July 31, 2012.

[Reasons for Recognition] Gap evidence No. 1

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff, the mother of the Plaintiff’s primary claim, borrowed KRW 30 million from G, the mother of the Defendants, and the Plaintiff, as a surety, made the provisional registration of this case and the establishment registration of the establishment of a neighboring mortgage in the name of Defendant B, for H. Even though G had completed the said registration, G did not pay KRW 30 million on June 8, 201, and transferred KRW 30 million to the Plaintiff’s account in the name of the Plaintiff. On July 2012, G transferred the instant provisional registration of this case to the Plaintiff at the end of the pertinent year, stating that “D is bound by Wnnman SI would know about the cause of death.” Since the provisional registration of this case, the ownership transfer registration of this case, and the ownership transfer registration of this case were completed in the name of Defendant D, the Plaintiff was obligated to register the ownership transfer of this case between the Plaintiff and the Plaintiff for the purpose of securing the claim of KRW 30,00,000.

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