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(영문) 대구지방법원 2021.03.17 2020가단117135
근저당권말소
Text

1. The plaintiff (Counterclaim defendant) won 5,000,000 won to the defendant (Counterclaim plaintiff) and its related thereto from July 15, 2020 to March 17, 2021.

Reasons

1. Facts of recognition;

A. ① Former 69 levels of Cheongdo-gun, Cheongdo-gun, Cheongdo-gun (the real estate listed in attached Table 1, hereinafter the real estate of this case) was owned by Dong E, the husband of the Defendant’s penal interest, and was transferred to the Plaintiff’s name on April 22, 1981 due to the gift on May 25, 1962.

② On March 12, 1974, F Cemetery No. 1,359 square meters (the real estate indicated in attached Table 2, the real estate of this case; hereinafter, the real estate of this case) was owned by Dong E, which was owned by the Plaintiff. On August 17, 1998, the ownership of this case was completed in the Plaintiff’s future on August 17, 1998.

③ G 512 square meters (hereinafter “instant real estate”) was originally owned by Nonparty H. The Plaintiff owned the same month due to sale on July 2, 1999.

7. The registration of ownership transfer shall be completed in the future.

④ A forest land of 16,756 square meters (hereinafter “the instant real estate”) was owned by the network E. On April 22, 1981, the ownership was transferred to the Plaintiff on August 11, 1998 due to inheritance by consultation division.

The above land is no longer than I. 10,572 square meters on April 19, 2019.

J. It was divided into 6,600 square meters.

On August 19, 2019, the said J was re-divided into the boundary of 7046 square meters in forest and 7046 square meters, and due to the division on September 2, 2019, J was re-divided into 6,44 square meters in J forest and 602 square meters in K forest and 602 square meters (real estate stated in attached Table 4).

B. On February 13, 2009, the Plaintiff and the Defendant entered into an agreement with the following contents and conducted notarial acts.

1) The above ① to ④ Each real estate was transferred under the Plaintiff’s sole name, but in substance, confirmed that the Plaintiff’s share was 2/3 of the co-owners, and that the Defendant’s share was co-owned land.

2) On February 13, 2009, the Plaintiff secured 1/3 of the shares of the Defendant’s co-owners on each of the above real estate on February 13, 2009.

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