(영문) 수원지방법원 안양지원 2018.04.05 2016가단124786

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(영문) 수원지방법원 안양지원 2018.04.05 2016가단124786

소유권이전등기말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts 8 December 26, 2006, the registration of the transfer under the Plaintiff’s name was made on the ground of sale on December 26, 2006, respectively. On the same day, the registration of the establishment of the collateral security interest of KRW 351,000,000, the registration of the establishment of the collateral security interest of KRW 351,000,000,000 for the right to collateral security C Cooperatives, the Plaintiff, the debtor, the maximum debt amount of KRW 130,000,000, respectively.

(C) On April 9, 2015, each of the above rights to collateral security (hereinafter referred to as "each of the rights to collateral security in this case"). 8 The following terms and conditions were written between the Plaintiff and the Defendant, D, and E, who is his father.

(hereinafter) The above contract is indicated as "the gift agreement of this case". 1. The above indication real estate of 1557 square meters (the real estate of this case) prior to the date of the contract of donation with the charge. The above indication is owned by a witness D (1/3), B (1/3), E (1/3), and E (1/3) which is the gift, and as the gift was made to the mortgagee C (the central branch of the mortgage), the balance of 270,000,000 won (the maximum amount of the claim is KRW 351,00,000 (the central branch of the central branch of the mortgage), 2. The balance of 100,000,000 won (the maximum amount of the claim is KRW 130,00,000) loans to the mortgagee C (the central branch of the central branch of the mortgage) on condition that the witness bears the burden, and each of them is acceptable.

On April 16, 2015, Defendant, E, and D completed the registration of transfer of each of 1/3 shares on the instant real estate due to the instant donation agreement. -

After that, on October 13, 2016, the registration of change of the right to collateral security was made for the debtor from the plaintiff to D on the ground of acceptance of the contract.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The parties' assertion;

A. The Plaintiff’s assertion is that D and E, including the Defendant, bear KRW 370 million as collateral obligation of each of the instant collateral security rights, and the sentence among them.

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