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(영문) 수원지방법원성남지원 2015.02.05 2014가단27035
근저당권설정등기이전
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 16, 2006, the Plaintiff completed the registration of the establishment of a neighboring mortgage, which caused 200 million won to the 1/2 share of the instant real estate owned by D, among the maximum debt amount.

The above right to collateral security was transferred to E on March 21, 2007 with the transfer of confirmed claim as the ground for registration, and on January 17, 2008, the transfer of confirmed claim was transferred to F as the ground for registration, and again, on October 17, 2008, the inheritance by consultation and division was transferred to the defendant as the ground for registration.

B. On September 28, 2007, F completed the registration of the right to claim a transfer of ownership, which made the promise to sell and purchase the second floor of H building on the second floor, other than the Han-gu, Seocheon-gu, Seocheon-gu, Busan, Gyeonggi-do, and two lots of land.

On January 17, 2008, the above provisional registration was transferred to I on January 17, 2008 with the trade as the cause of registration, and cancelled on October 14, 2008 with the cancellation as the cause of registration.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, Eul evidence 1-1-2, Eul evidence 1-2, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserts as follows as the cause of the instant claim.

(1) The Plaintiff borrowed money from E as collateral and transferred the above collateral to E, and even after full repayment of the loan, did not receive the above collateral security re-transfer.

On December 2007, the Plaintiff entered into a contract with F and F to transfer the said provisional registration to F and F to F. The Plaintiff entered into a contract with F to transfer the said provisional registration to F.

(2) The Plaintiff transferred the above provisional registration to F on January 17, 2008 under the above contract, but F did not transfer the above provisional registration to F on the same day without transferring the above provisional registration to F.

Therefore, the plaintiff terminates the above contract.

(3) Upon the termination of the above contract, the Defendant shall implement the registration procedure for transfer on the ground of the termination of the contract on August 20, 2014 regarding the establishment registration of a new mortgage, which was made on October 17, 2008 by the Suwon District Court, Sung-nam Branch Office of Gwangju District Court (Seoul District Court) for the instant real estate, with respect to the Plaintiff.

(b).

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