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1. The defendant is against the plaintiff, and Ga.
Pursuant to the Papju City 2,260 square meters, the Government District Court, the High Military Court, the Goyang-ju Registry, the registration office of the Papju. 30
Reasons
1. Facts of recognition;
A. On September 12, 1983, D, the husband of the Plaintiff, acquired the ownership of CY 3,571 square meters (hereinafter “instant land before the instant partition”).
B. On September 30, 2005, D entered into a mortgage agreement with the Defendant to set up a maximum debt amount of 200 million won in the name of the Defendant with respect to the land prior to the division of the instant case. On September 30, 2005, D concluded a mortgage agreement with the Defendant regarding the land prior to the division of the instant case, the maximum debt amount was KRW 20 million with respect to the land prior to the division of the instant case, which was received No. 8106 on September 30, 2005, and the debtor, D and the mortgagee
C. D died on January 22, 2006, and the Plaintiff acquired the ownership of the land prior to the instant partition through an agreement on inherited property division.
On the other hand, on December 2, 2009, Gyeonggi-do acquired 1,311 square meters of the land prior to the instant partition from the Plaintiff, and on December 3, 2009, on behalf of the Plaintiff, registered the land prior to the instant partition as C 2,260 square meters (hereinafter “the land No. 1”) and E 1,311 square meters (hereinafter “the land No. 2”), and completed the registration of transfer of ownership based on an agreement on the land No. 2 among them.
(E) The registration of the establishment of a neighboring mortgage in the name of the Defendant with respect to the land No. 1, while the registration of the establishment of a neighboring mortgage in the name of the Defendant with respect to the land No. 2 was cancelled on December 3, 2009, following the Defendant’s waiver of the part concerning the land No. 2 out of the right to collateral security established prior to the instant partition.
Around December 2, 2009, the Defendant received KRW 159,461,300,00 from Gyeonggi-do, on behalf of the Plaintiff, the total purchase price of the instant land No. 2 from the NA and the NAN Investment Securities Account in the name of the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10, Eul evidence Nos. 1, 2, and 14 (including each number; hereinafter the same shall apply), and arguments.