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(영문) 수원지방법원 2019.03.22 2018나61727
소유권이전등기말소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On December 26, 2006, the Plaintiff completed the registration of transfer of ownership in the Plaintiff’s name, which was based on sale and purchase on December 8, 2006, with respect to the real estate of KRW 1557 square meters (hereinafter “instant real estate”). On the same day, on the same day, the registration of transfer of ownership in the Plaintiff’s name was completed with respect to the said real estate of KRW 351,00,000 (hereinafter collectively referred to as “each of the instant collective security interests”), and on January 2, 2008, the registration of creation of a collateral security C Union of the mortgagee, the debtor, the Plaintiff, the maximum debt amount of KRW 130,00,000 (hereinafter collectively referred to as “each of the instant collective security interests”).

(A) Indication of real estate: 1. Gyeonggi-do 1. The above-mentioned real estate is owned by A (the Plaintiff), the donor of which is a 1557 square meters (the real estate in this case) prior to 1.5,00,000 won (the maximum bond amount of KRW 351,00,000 (the maximum bond amount of KRW 351,00,000), and the remainder of the loan of 270,000,000 won (the highest bond amount of KRW 130,000,000 (the central branch of this case) on the condition that the witness bears the burden of payment of 1.30,000,000 won (the maximum bond amount of KRW 130,000,000). Since the witness accepts this, each person shall prepare and affix his name and affix his seal to the contract.

On April 9, 2015, with respect to the real estate of this case between the Plaintiff and the Defendant, D, and E, who is his father and wife, the contract for donation with the burden (hereinafter referred to as the “instant contract for donation”), which includes the following contents, was prepared:

(A) On April 16, 2015, the Plaintiff completed the registration of ownership transfer based on the instant donation agreement with Defendant, E, and D with respect to the one-third share of each of the instant real estate (hereinafter referred to as “registration of ownership transfer”) on April 16, 2015, and on October 13, 2016, the Plaintiff changed the debtor from “Plaintiff” to “D” due to the acquisition of each of the instant collective security rights.

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