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(영문) 의정부지방법원 2016.06.16 2015가단105445
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant purchased the instant real estate on May 3, 2007, and completed the registration of ownership transfer in the name of C on June 4, 2007.

B. On September 20, 2007, the Defendant married with the Plaintiff on February 10, 2014, and completed the registration of transfer of ownership in its name as to one-half of the instant real estate on February 10, 2014, and made C, the nominal owner of the remainder of one-half of the shares (hereinafter “instant shares”) to file the registration of transfer of ownership based on sale with the Defendant on the same day.

C. On August 19, 2014, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the instant shares amounting to KRW 70,000,000, the mortgagee, the maximum debt amount, and the maximum debt amount.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff, on behalf of the Defendant, ordered the lessee of the instant real estate to return KRW 60,000,000 to the lessee of the instant real estate on behalf of the Defendant who was the actual owner of the instant real estate, and the Defendant, on the basis of the indication of the margin, issued a share transfer registration in the name of the Plaintiff with respect to the instant shares

Therefore, the Plaintiff did not bear the Defendant’s liability for the instant share, such as the purchase price.

Nevertheless, the Plaintiff completed the establishment registration of the establishment of the establishment of the neighboring mortgage of this case according to the Defendant’s horse that the Defendant would have to complete the establishment registration of the establishment of the neighboring mortgage in preparation for the Defendant’s future settlement of students’ exercise of the right to the instant shares. Therefore, the registration of the establishment of the establishment of the neighboring mortgage of this case

B. Even if the Plaintiff purchased the instant shares from the Defendant, the obligee of the purchase price is not the Defendant, but the real estate.

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