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(영문) 대전지방법원 2018.05.03 2017가단209294
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in the name of the defendant with respect to the instant real estate.

B. E drafted a notarial deed of a debt repayment contract with a transfer for security (hereinafter “notarial deed of this case”) under No. 11278 of 2013, the Defendant, a female student, and the notary public’s F. The key contents are as follows.

On August 22, 2013, a debtor (transferr) D has subscribed to a creditor to repay 300 million won, which he/she bears to the creditor (transferee) E as of August 22, 2013, in accordance with the following provisions, and the creditor has acknowledged it. Article 3 (Transfer for Security) The debtor is a real estate (hereinafter referred to as "transfer for security") listed in the attached Table, which is his/her ownership, for the purpose of securing the performance of the above obligation:

(1) If a debtor to whom ownership has been reverted fully pays this obligation, the obligee must immediately transfer the property transferred for security to the obligor and transfer the ownership to the obligor.

Special Agreement

5. The debtor shall support the creditor at the expense of the debtor (2.6 million won per month), but the period shall be the time until the creditor dies;

6. If the creditor dies as a result of the debtor’s support, the debt amount of this deed was agreed upon at the expiration of the creditor.

A person shall be appointed.

C. On January 15, 1980, E was married with G and divorced from G on April 8, 2004, and was married with H on August 17, 2015, and died on February 24, 2017.

H Transfer the shares of inheritance in respect of the claim against the Defendant in this case to the Plaintiffs during the course of the lawsuit in this case). 【No dispute exists, entry in Gap’s Evidence Nos. 1 through 4, Gap’s Evidence Nos. 6, 7, Eul’s Evidence Nos. 1 and 8 (including serial documentary evidence) and the purport of the entire pleadings

2. The plaintiff's assertion

A. E is the Seo-gu I land owned by G during the divorce lawsuit between G (hereinafter “I land”).

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