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(영문) 서울서부지방법원 2018.02.08 2015가합36280
근저당권설정등기등 말소등기청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff A is the spouse of the deceased E (hereinafter “the deceased”) who died on March 26, 2015, and Plaintiff B and C are the children of the deceased and the Plaintiff, and the Defendant is the birth of the deceased.

B. From around 2002, the Deceased served as the monthly president of the Gcafeteria in F. The Defendant has been running a business to obtain gains profits by selling real estate after obtaining a successful bid by auction.

C. From November 21, 2008, the Deceased was treated at the hospital due to the symptoms of Teinson Chinson’s aftermath, and around February 2012, the Deceased discontinued the G cafeteria in F.

On November 28, 2013, with respect to the instant real estate owned by the deceased, the provisional registration authority: (a) on October 24, 2013, the provisional registration of the right to claim ownership transfer on the ground of a pre-sale agreement was completed on October 24, 2013; and (b) on the same day, the registration of the establishment of the ownership transfer on the ground of the contract was completed on October 24, 2012 by the debtor, the deceased, and Defendant 2

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7, 12 (including paper numbers), entry of Eul evidence 6, 7, 11, and 12, and the purport of the whole pleadings

2. In the plaintiffs' assertion, the deceased's resident registration certificate and seal imprint were left in charge of the deceased's resident registration certificate and seal imprint by requesting the defendant to make an investment in the real estate from auction. From around 2009, the deceased did not recover the above resident registration certificate and seal imprint. The defendant held the deceased's resident registration certificate and seal imprint certificate and completed the registration of a promissory note, a collateral security establishment registration application, a power of attorney, and a contract for purchase and sale, which are owned by the deceased, as if the deceased had a debt of KRW 300 million to the defendant, as if the deceased had a debt of KRW 300 million to the defendant. The above registration of the establishment of a collateral and the right to claim a transfer of ownership are invalid. Thus, the above registration of the establishment of a mortgage

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