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(영문) 창원지방법원거창지원 2017.06.13 2016가단11276
정산금반환청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C, the Defendant, and the Plaintiff are siblings, and C is the first punishment of the Plaintiff, and the Defendant is the third punishment of the Plaintiff.

B. On August 27, 1987, C completed the registration of ownership transfer on the ground of sale with respect to the 33.08 square meters in the Magnam-gun's ground wooden tank and the Magnam-gun's branch, the prefabricated-type Magwon's branch, and the prefabricated-type 21 square meters in the housing and retail store, and 33 square meters in the retail store. On June 30, 1995, C completed the registration of ownership transfer on the ground of sale with respect to the Dognam-gun's 383 square meters in the land of the above building.

(hereinafter referred to as “each of the instant real estate” by aggregating the said building and land.

C On April 17, 1996, the Plaintiff completed the registration of transfer of ownership on the ground of donation with respect to each of the instant real estate. On September 24, 1998, the Plaintiff borrowed KRW 20 million from the Saemaul Treasury on September 26, 1998, when completing the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a neighboring mortgage”) with respect to each of the instant real estate, which is set forth as KRW 30 million in the creditor’s Saemaul Depository, the debtor, and the maximum debt amount.

On May 4, 200, the National Agricultural Cooperative Federation completed the provisional attachment registration of KRW 11,314,754 on each of the real estates of this case by obtaining a decision of provisional attachment by the Changwon District Court 200Kadan156.

(hereinafter referred to as “registration of provisional seizure of this case”). (e)

On August 18, 2001, the Defendant completed the registration of ownership transfer based on sale on each real estate of this case, and on the same day, the registration of ownership transfer was revoked, and on August 28, 2001, the registration of provisional seizure of this case was revoked.

F. On January 10, 2013, the Defendant completed the registration of ownership transfer for each of the instant real estate to E on the grounds of sale.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 8, Eul evidence 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is the secured debt of the registration of the establishment of a new mortgage of this case.

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