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(영문) 수원지방법원 평택지원 2018.06.20 2017가단55792
근저당권회복등기
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 relationship between the parties and the Defendant are equal to the mother, whose father is a different father, and the Plaintiff is a permanent resident in Japan who is living in Japan over January 1, 1985 until now.

B. The defendant purchased real estate (1) on March 22, 2005, the defendant purchased real estate listed in attached Table 1 from the non-party C and completed the registration of ownership transfer on April 27, 2005.

(2) In addition, on August 31, 2005, the defendant purchased the real estate listed in the attached Table 2 from Nonparty D and completed the registration of ownership transfer on December 2, 2005.

C. On October 11, 2010, the Defendant completed the registration of creation of a collateral security (hereinafter “registration of creation of a collateral security”) on each of the real estates listed in the [Attachment List 1 and 2] as of October 11, 2010, with respect to the Plaintiff, the maximum debt amount of KRW 300,000,000, Suwon District Court, which received from the Suwon District Court, the registration office for registration of establishment of a collateral security (hereinafter “registration of creation of a collateral security”).

The Plaintiff, on November 28, 2014, completed the registration procedure for cancellation of the registration of the establishment of a mortgage in the instant case, No. 37918, Nov. 28, 2014.

(hereinafter referred to as the “registration of cancellation of the instant mortgage”). / [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence Nos. 1 and 2 (including serial numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Plaintiff’s assertion and judgment thereon

A. The Plaintiff asserted that the Plaintiff provided the Defendant with approximately KRW 520,000,000 as the purchase price of the instant real estate, and acquired the instant real estate under the Defendant’s name by lending it to the Defendant.

Since then, the Plaintiff demanded several times to the Defendant that the instant real estate was sold, and the Defendant required to secure the right to the instant real estate, which was uneasy and uneasible, and demanded the Defendant to provide a security for the money paid to the Defendant.

Accordingly, on November 10, 2010, the Defendant had completed the registration of the establishment of the instant neighboring mortgage by securing the Plaintiff’s right.

The Defendant sold the instant real estate to the Plaintiff.

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