logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.21 2016나2019525
근저당권말소
Text

1. As to the claim of the Plaintiff (Counterclaim Defendant) that changed in exchange from the trial of the party, and the counterclaim of the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. At around October 24, 2009, three of the Plaintiff, the deceased F (the deceased’s death, hereinafter “the deceased”) and G et al., jointly purchased KRW 210,000,000 as to each of the instant lands by bearing KRW 70,000,000, around 1991; however, the Plaintiff agreed to jointly trust the deceased’s shares to the Plaintiff (hereinafter “instant title trust agreement”).

In accordance with the instant title trust agreement, the Plaintiff entered into a contract with H to purchase each of the instant land of this case with H on May 14, 1991, after having knowledge of such agreement, and completed the registration of transfer of ownership under the Plaintiff’s sole name as the receipt of No. 2507, Jun. 15, 1991.

B. Defendant B’s wife, and the remaining Defendants are the deceased’s children.

C. On the other hand, on January 27, 2005, on the register of each of the lands of this case, each of the establishment registration of a mortgage of this case was completed with the deceased, the debtor, the plaintiff, the maximum debt amount of 150,000,000 won.

[Reasons for Recognition] Unsatisfy, Entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The registration of the establishment of a mortgage of each of the instant claims by the Plaintiff was made on the grounds that the Plaintiff and the Deceased did not have any security obligation because the money was not actually received between the Plaintiff and the Deceased. The registration of the invalidity of the cause made by the Deceased for the purpose of securing the ownership of each of

Therefore, the Defendants are obligated to implement the procedure for registration of cancellation of the registration of the establishment of each of the instant mortgages to the Plaintiff.

B. The purpose is to guarantee the future conditional damages claim or the right of return of unjust enrichment, which would result in infringement of the interests of the title truster by the title trustee for reasons such as arbitrary disposal by the title trustee or compulsory execution by his creditors.

arrow