beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, 6, 7, 11 (including paper numbers) and Eul evidence Nos. 1 to 6:
On June 9, 2015, the Plaintiff’s husband C and the Defendant’s wife C concluded a sales contract with K’s agent (“instant sales contract”) to purchase shares of K, children L, M, and N in total amount of KRW 330,00,000 with respect to each land of Pyeongtaek-si, F, G, H, I, I, and J (hereinafter “each land of this case”).
B. Since then, C and D agreed to complete the registration of ownership transfer in the future as to the planning management area of 537 square meters among each land of this case, C and D agreed to complete each of the registration of ownership transfer in the future as to 1078 square meters
C. On March 24, 2016, the registration of the transfer of ownership was completed with respect to the Plaintiff’s share of KRW 3/84 of L, M, and N in the instant forest divided into KRW 19870 square meters and KRW 5419 square meters in forests and fields E on December 26, 2016 (hereinafter “instant forest”). On the same day, the registration of the establishment of a collateral security right (hereinafter “mortgage 1”) was completed with respect to the Plaintiff’s share of KRW 70,000,000 as security for the seller’s unpaid purchase price of KRW 70,000 on the same day.
In addition, on March 24, 2016, some of the D shares in the instant forest were registered for the transfer of ownership based on the purchase and sale under the Plaintiff’s name on March 24, 2016. On the same day, as security for the Defendant’s loan of KRW 100,000,000 against the Plaintiff, the registration for the creation of a collateral security right (hereinafter “second collateral security right”) was completed regarding the said Plaintiff’s share as to the said Plaintiff’s share.
E.O filed an application for voluntary auction on the ground that the purchase price is KRW 70,000,000,000, based on the first collateral mortgage, and the Suwon District Court’s horizontal Housing Site Board is a member.