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(영문) 제주지방법원 2021.01.13 2018나14090
소유권이전등기
Text

1. Upon a claim for a change in exchange in this court, the defendant 321,582,962 won from the plaintiff and 302.

Reasons

1. Basic facts

A. (1) The Plaintiff is the spouse of the deceased E (hereinafter “the Deceased”), and the Plaintiff B and C are the children of the Plaintiff A and the Deceased. As the Deceased died on September 6, 2015, the Plaintiff inherited the Plaintiff’s 3/7 shares, and the Plaintiff B and C inherited the rights and obligations of the deceased’s property.

2) The defendant is the birth of the deceased.

B. On July 1, 2013, the Deceased completed the registration of the transfer of ownership on the land of 1,821 square meters of F forest land (hereinafter “land before subdivision”) in Jeju-si, and on August 14, 2013, the Deceased completed the registration of the transfer of ownership on the land of 1,821 square meters of land in F forest land (hereinafter “land before subdivision”). On August 14, 2013, the Deceased completed the registration of the grant of the right to collateral security (hereinafter “mortgage 1-mortgage”) to the Plaintiff.

2) On December 2, 2013, the land before subdivision was divided into F forest land of 495 square meters (hereinafter “F land”), land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”), and land of H forest of 646 square meters (hereinafter “H land”) in Jeju-si.

3) On January 29, 2014, the mortgagee changed the right to collateral security to a J union (hereinafter “J union”). On the same day, the deceased acquired the first right to collateral security on the same day, and in addition, the J union completed the registration of the establishment of the right to collateral security (hereinafter “third right to collateral security”) with respect to F’s land by the obligor, and the registration of the establishment of the right to collateral security (hereinafter “third right to collateral security”) with respect to the instant land by the obligor, the maximum amount of the claim amount of KRW 243,100,000, and the establishment of the right to collateral security (hereinafter “third right”) with the obligor as the Deceased.

4) The first right to collateral security with respect to F land was cancelled due to partial waiver or termination from February 2, 2014 to August 201 of the same year, and the deceased sold H land to I on April 29, 2014 and completed the registration of ownership transfer.

5) The Deceased newly constructs a second floor house on the ground of F land, and on August 19, 2014, in the name of the Deceased on the said house.

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