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(영문) 대구지방법원 2015.10.20 2015가단102658
예금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts of recognition / [1] C reported marriage with the Defendant on December 26, 2014.

The Plaintiff is a child born between C and D before reporting the marriage with the Defendant.

C died on December 30, 2014.

[2] The defendant completed the registration of ownership transfer on June 4, 2005 with respect to each real estate listed in the separate sheet (hereinafter "each real estate of this case") on June 3, 2005.

On June 4, 2005, the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of each of the instant mortgages”) with respect to each of the instant real estates was completed from the next, the maximum debt amount of KRW 80 million, the debtor, the debtor, and the mortgagee C.

On January 9, 2015, each of the instant registrations of collateral security was cancelled on January 8, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including branch numbers), each of which is recorded. 2. Determination

A. 1) The Plaintiff’s assertion 1) purchased each of the instant real estate with C’s funds, which was title trusted to the Defendant, and established a right to collateral security equivalent to the purchase price with concerns over the Defendant’s voluntary disposal. However, since the Defendant voluntarily registered the cancellation of each of the instant registrations on January 8, 2015, which was after C’s death, the registration of cancellation is null and void as a matter of course. (2) Although the cancellation registration of each of the instant registrations was unlawful, the registration of cancellation was made unlawful, but the said registration is consistent with the substantive relationship, as the claim for each of the instant registrations was nonexistent or even if the claim exists

B. The purpose of each of the instant mortgages is to secure a certain amount of unspecified bonds arising from continuous transactions, which are set up by setting only the maximum amount of the secured debt and reserving the determination of the debt in the future (Article 357(1) of the Civil Act).

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