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(영문) 대전지방법원 천안지원 2017.02.22 2016가단106366
진정명의회복에 기한 소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Party’s status network F (Death at around 2015) and net G (Death at April 9, 1998) are 6 degrees of punishment. Plaintiff B is the wife of the net F, the rest of the Plaintiffs are the children of the net F, and the Defendant is the wife of the net G.

B. The registration details on the real estate stated in the attached list of the registration details (hereinafter “instant real estate”) are as follows:

(2) On December 28, 1970, the title holder of the registration date for the transfer registration of ownership on December 28, 1970, the contract concluded on June 22, 1989 on June 26, 1989, the establishment registration of ownership on June 26, 1989 between the deceased F and the deceased G, which is the ground for the registration of the transfer of ownership in the name of the deceased G. The contract concluded on April 17, 1998 and the contract concluded on September 17, 200 on September 17, 200 by the inheritance on September 17, 2013, by agreement division of April 19, 2013.

C. On June 29, 1989, the net G obtained a loan of KRW 9,000,000 from the Young-gu Agricultural Cooperative (hereinafter “instant loan”) at an annual interest rate of KRW 5% (hereinafter “instant loan”).

(2) The net G used the instant loan and completed the repayment of its principal and interest. (2) The purpose of the net G is to secure the repayment of the instant loan.

On June 27, 1989, the establishment registration of the real estate of this case was completed on June 27, 1989, the maximum debt amount of 14,00,000,000 won, the debtor net G, the mortgagee of the right to collateral security, and the establishment registration of the collateral

(3) On September 17, 2013, the Defendant cancelled the registration of the creation of a mortgage in the instant case on the grounds of termination, and completed the registration of the establishment of a mortgage in the vicinity of the Defendant, the maximum debt amount of KRW 91,00,000,00 on the same day, and the Defendant, the Defendant, the Defendant, and the Defendant, and the Defendant, the collective security holder, for the establishment of a mortgage. D. The Defendant cultivated the instant real estate from the acquisition of the instant real estate to the date of 2014 after the acquisition of the instant real estate.

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