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(영문) 수원지방법원 2015.08.21 2014나35751
소유권이전등기등
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's lawsuit against the defendant B shall be dismissed.

B. The plaintiff.

Reasons

1. Basic facts

가. 원고는 망 D(2011. 12. 14. 사망)의 처(妻)이고, 피고 B는 D의 매부(妹夫)이다.

B. The changes in the legal relationship with respect to F forest land 5,790 square meters in Suwon-si, Suwon-si (hereinafter “instant land”) are as follows:

1) 5,950 square meters of F forest land in Suwon-si, Suwon-si (hereinafter “Before subdivision”).

The former co-ownership was made between Defendant Family Council and G. On August 7, 1995, Defendant Family Council completed the registration of ownership transfer on the ground of the cancellation of title trust on August 2, 1995 with respect to the portion of 1/2 shares owned G, and Defendant Family Council was owned solely by Defendant Family Council. 2) On June 26, 2003 with respect to the land before the split-off, the registration of ownership transfer under the name of the Plaintiff was completed as of June 1, 2003 as of the receipt of the Suwon District Court Dongwon District Court’s registration office on June 26, 2003 as of June 1, 2003. According to the sales contract submitted at the time of the registration of ownership transfer, Defendant Family Council, buyer, Defendant B, and sales contract amounting to KRW 65,450,00,000, contract deposit, and KRW 60,005,630,65,605,605,6,605.

3) On August 3, 2006, the land before subdivision is 160 square meters of H forest land in Suwon-si, Suwon-si (hereinafter “after subdivision”).

(4) On the other hand, as to the land of this case, the registration of creation of a mortgage (hereinafter “mortgage of this case”) was completed on August 20, 2009 by the Suwon District Court No. 82457, which caused the debtor B, the mortgagee of the collective security interest, the agricultural cooperative, the maximum debt amount of KRW 112 million, and the registration of creation of a mortgage (hereinafter “mortgage of this case”) on September 11, 2009 by the debtor No. 90324, which caused the maximum debt amount of KRW 90 million, respectively.

C. The Defendant B filed a lawsuit against the Plaintiff seeking the cancellation of the instant right to collateral security in the Suwon District Court’s Ansan Branch (2012Gadan29908) and the said court’s claim against the Defendant B on August 9, 2013.

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