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(영문) 인천지방법원 2017.10.13 2016가단242470
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 2, 2003, registration of ownership preservation was completed in the name of Dowon Construction Co., Ltd. (hereinafter “Nonindicted Company”) with respect to each real estate listed in the separate sheet (hereinafter “instant apartment”).

B. On April 9, 2003, the non-party company entered into a pre-sale agreement with D on the apartment of this case and completed provisional registration of the right to claim ownership transfer.

C. On June 5, 2003, C and E acquired the right to transfer ownership of the instant apartment, and completed the additional registration of the provisional registration of the right to claim ownership transfer (each one-half share) while E transferred 1/2 of the above right to claim ownership transfer of the instant apartment to F on December 2, 2005, and completed the additional registration of the provisional registration of the right to claim ownership transfer of the instant apartment.

C and F completed the principal registration of transfer of ownership on December 2, 2005 with respect to the apartment of this case based on the additional registration of each of the above provisional registrations.

E. On December 11, 2007, C completed the registration of creation of a collateral on November 16, 2007, with respect to the one-half share of the apartment of this case owned by C, the establishment of a collateral security right (hereinafter “registration of a collateral security right of this case”) that is the defendant who is a woman with the right to collateral security (hereinafter “registration of this case”).

F. On January 24, 2007, the Plaintiff filed a lawsuit claiming rent against Changwon District Court 2007Kadan3554, and was sentenced to a judgment in favor of the Plaintiff on March 19, 208, which ordered the payment of KRW 10,415,520 and the delay damages thereof. The said judgment became final and conclusive on April 18, 2008.

G. On September 6, 2013, F completed the registration of ownership transfer on September 4, 2013 under the name of the Plaintiff with respect to one-half share of the instant apartment units owned by F. F.

H. On May 8, 2014, the Plaintiff was sentenced to a favorable judgment (original judgment) issued by the Busan High Court on September 8, 2016, on the following grounds: (a) the Plaintiff filed a lawsuit claiming unjust enrichment against Changwon District Court Decision 2014Gadan5824; and (b) the judgment rendered on September 8, 2016, partially favorable judgment (original judgment) ordering the payment of KRW 89,036,422 and its delay damages.

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