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(영문) 서울남부지방법원 2019.03.21 2018가합344
대여금 및 가등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 2004, the Plaintiff was divorced from the previous spouse.

Defendant B divorced from the former spouse E on December 22, 2008. The Defendant B living together from the end of 2008 to the end of 2013 and maintained de facto marital relationship.

B. The Defendant church is a church established and operated by Defendant B.

C. On June 9, 2010, the Plaintiff changed the maximum debt amount of KRW 350 million on June 9, 2010 with respect to the share of KRW 181.9/1324 out of the Guro-gu Seoul High Building, Guro-gu Seoul, to F, the birth partner of the Defendant church, the debtor, and the mortgagee of the right to collateral security, on March 22, 2012.

On January 11, 201, the establishment registration of a neighboring mortgage, which was made up of the maximum debt amount, KRW 70 million on January 11, 201, the debtor, the debtor, the defendant, and the defendant church, completed the establishment registration of a neighboring mortgage, which was made up of the maximum debt amount, KRW 100 million on July 13, 201, the debtor, the plaintiff, and the defendant B, respectively.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case” in total) D.

On July 1, 2015, the Plaintiff sold the said commercial building shares to G and H.

On August 18, 2016, Defendant B received KRW 200 million from the above buyers, and revoked the registration of establishment of the creation of the creation of the root of this case on August 19, 2016.

E. On November 24, 2009, No. 55161 received on November 24, 2009, the Plaintiff completed the registration of the transfer of ownership right claim on November 10, 2009 with respect to the real estate listed in paragraph (1) of the attached list No. 1 to the Defendant church, which was the registration of the transfer of ownership claim based on the promise to trade with the intent of donation to the Defendant church.

Attached Form

With respect to the real estate listed in the list No. 2, Chuncheon District Court No. 12255, Nov. 16, 2009, which was received on November 10, 2009, and the registration of transfer of ownership due to the donation on Nov. 10, 2009, for the real estate listed in the attached list No. 14826, Nov. 24, 2009, which was completed on Nov. 10, 2009.

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