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(영문) 울산지방법원 2016.04.27 2015나2348
근저당권설정등기 말소 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On December 31, 2008, the Plaintiff’s wife died of pulmonary cancer.

Trrler articles began living in Ulsan-gu G apartment (lease deposit amounting to KRW 30 million) located by the defendant after the death of the previous wife from around 2008, while the plaintiff, who was operating a F cafeteria in Ulsan-gu E, Ulsan-gu, and was moving into a de facto marital relationship with the plaintiff as the D apartment 1007 (hereinafter referred to as "D apartment") owned by the plaintiff.

The establishment registration of mortgage (Ulsan District Court No. 30356, Mar. 31, 2006) was completed on the D apartment, which caused the plaintiff, the mortgagee of the right to collateral security to collateral security, and the maximum debt amount of KRW 126 million, but the establishment registration of mortgage (Ulsan District Court No. 107457, Nov. 11, 2008) was completed on the part of the debtor, the mortgagee of the right to collateral security, the defendant, and the maximum debt amount of KRW 90 million.

On February 24, 2009, the defendant purchased the 22,440,091 motor vehicle in 22,440,09.

On February 11, 2010, the Plaintiff sold D Apartments in KRW 219 million to H. On February 11, 201, and purchased the apartment of this case in KRW 128 million from C on February 17, 2010.

After completing the registration of ownership transfer on the apartment of this case on March 5, 2010, the Plaintiff, on the same day, was loaned KRW 70 million to the apartment of this case by setting up a collateral on the ground of the debtor, the National Bank of Korea Co., Ltd., and the maximum debt amount of KRW 84 million.

In addition, on the same day, the Plaintiff completed the establishment registration of the creation of the mortgage of this case on the ground of the debtor, the mortgagee, the defendant, and the maximum debt amount.

The plaintiff completed the registration of ownership transfer of D Apartment on March 15, 2010 to H.

Around that time, the Plaintiff purchased I (I) private taxi business rights for KRW 68 million, and borrowed KRW 16 million from Hyundai Capital Capital on April 5, 2010, and purchased the 16 million taxi and worked as a taxi engineer.

On January 29, 201, the Defendant is operating a “F cafeteria” in Ulsan-gu E, Ulsan-gu, and on January 29, 201, 249 square meters from J on the north-gu, Ulsan-gu, the name of the Plaintiff.

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