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(영문) 수원지방법원평택지원 2014.07.02 2013가합2629
손해배상 및 매매대금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 1 and 6, taking into account the overall purport of the pleadings:

The Plaintiff is the wife of the deceased D (the deceased on February 2013; hereinafter referred to as “the deceased”). Defendant C is a person who married with Defendant B’s father E, and Defendant B is the mother of Defendant C.

B. The registration of the establishment of a mortgage in the name of Suwon-si Cooperatives with F-owned KRW 22,975 square meters (hereinafter “the instant real estate”) was completed on July 29, 2010 with the Songwon District Court’s Office of Registration of B, No. 26253, Jul. 14, 2010. The registration of the establishment of a mortgage in the name of Defendant B was completed on the ground of sale as of July 14, 2010 with the maximum debt amount of KRW 26254, the debtor as of KRW 95,000,000, the maximum debt amount of KRW 1.655,000,000, as of KRW 26255,000,000, the registration office received the registration of the establishment of a mortgage in the name of Defendant B and the maximum debt amount of KRW 1.681,000,000,0000,000 from KRW 261,71816,000.

C. On June 26, 2012, the Pyeongtaek Livestock Cooperative applied for a voluntary auction of real estate at L of the Suwon District Court for the instant real estate based on the foregoing collateral security, and the auction procedure was commenced upon the voluntary auction decision on June 26, 2012.

2. Summary of the parties' arguments

A. The deceased is the first deceased.

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