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(영문) 울산지방법원 2015.04.29 2014가단23439
근저당권설정등기 말소 등
Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution under this Court 2014Kagba814, September 23, 2014

Reasons

1. The facts below the basis facts are either in dispute between the parties or acknowledged by the statement in Gap evidence 1.

A. When a de facto marriage was terminated on June 2014 while the Plaintiff and the Defendant had been maintaining a de facto marital relationship for the first time in 2008, the Plaintiff filed a lawsuit against the Defendant seeking consolation money pursuant to the resolution of de facto marriage relationship with the Ulsan District Court 2014Ra8578, and the Defendant filed a counterclaim against the Defendant seeking a division of property, etc. under the same court 2014da8660, and the lawsuit is pending.

B. On February 17, 2010, the Plaintiff purchased the instant apartment from Nonparty C with KRW 120,000,000 and completed the registration of ownership transfer, and completed the registration of ownership transfer, on March 5, 2010, the Plaintiff completed the registration of establishment of the instant apartment with the Defendant’s maximum debt amount of KRW 100,000,000.

2. The assertion and judgment

A. The Plaintiff asserted that: (a) the Plaintiff completed the establishment registration of the instant establishment to the Defendant to maintain a de facto marital relationship without any obligation against the Defendant; (b) the establishment registration of the instant establishment was null and void as it did not have any obligation to be secured; or (c) the Defendant agreed to cancel the establishment registration of the instant establishment on July 1, 2012 with the Defendant, and thus, the Defendant is obliged to cancel the establishment registration of the instant establishment.

The defendant, at the time of purchasing the apartment of this case, bears 28,00,000 won for the purchase of the apartment of this case as down payment and intermediate payment. The defendant bears 20,000,000 won for remodeling costs of the apartment of this case and 30,000,000 won for remodeling costs for the apartment of this case and 26,80,000 won for the purchase cost of the body-ray vehicles owned by the plaintiff, and 26,80,000 won for each of the above money as the secured claim, and did not agree with the plaintiff to cancel the registration of the establishment of the neighboring apartment of this case.

B. First of all, the Plaintiff’s assertion

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