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(영문) 인천지방법원 2016.05.13 2015가단243551
정산금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 21, 2005, the Plaintiff withdrawn KRW 130 million from the Agricultural Cooperative Account under one’s name, and then delivered it to C.

B. On April 22, 2005, the Defendant completed the registration of ownership transfer for reasons of sale due to compulsory auction with respect to the land of Jung-gu, Incheon (hereinafter “instant land”). On May 11, 2005, the Defendant completed the registration of ownership transfer for the land of KRW 130 million with respect to the maximum debt amount of KRW 130 million, the obligor, the Defendant, and the Plaintiff as the mortgagee of the right to collateral security (hereinafter “instant collateral security registration”).

C. On May 9, 2008, the instant land was divided into 1,652 square meters prior to the foregoing D (the change of the land category on December 15, 2008 to a building site), 1,266 square meters prior to E, and 198 square meters prior to F (the change of land category to a road on November 10, 201). The said land was divided into 650 square meters prior to E on September 23, 2009, 650 square meters prior to G, 607 square meters prior to H, and 9 square meters prior to H on February 3, 2010, and became 659 square meters prior to E.

On February 18, 2010, the foregoing E is divided into 630 square meters (the change of land category on February 22, 2010 to a building site) and 29 square meters prior to I (the change of land category to a road on February 22, 2010).

The registration of the instant right to collateral security was transferred to each land partitioned and combined as above, and on November 12, 2008, the registration of the ownership preservation was made in the name of the defendant with respect to Class 2 neighborhood living facilities and single houses constructed on the above ground.

E. The registration of the above right to collateral security was cancelled on May 16, 2008, and the registration of the above right to collateral security was cancelled on January 12, 201, and the registration of the above right to collateral security was cancelled on January 3, 201, with respect to the registration of the above right to collateral security, which was completed with respect to the area of 607 square meters prior to G, and the registration of the above right to collateral security was cancelled on January 3, 2014, respectively.

F. On January 7, 2014, each registration of ownership transfer was made in the name of J and one other with respect to the land size of 630 square meters in the foregoing E, and each registration of ownership transfer was made in the name of each Co., Ltd. with respect to the land size of 1,652 square meters and FF road of 198 square meters on December 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 2-1 to 5, Eul evidence 1, and Eul evidence 2-1 to 6.

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