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(영문) 의정부지방법원 2020.04.23 2019나210070
근저당권설정등기말소등기
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasoning for this part of the underlying facts is that the court’s reasoning is identical to the corresponding part of the judgment of the court of the first instance, except for the addition of some of the following: (a) the relevant part of the judgment of the court of the first instance (from No. 4 to No. 3, No. 9 of the judgment of the court of the first instance

The following shall be added to the third and seventh proceedings of the first instance judgment:

“C. The Plaintiff filed a complaint against G and its husband, on October 8, 2019, with the purport that “G andO, while entering into the instant sales contract, had no intent or ability to pay any balance, by deceiving the Defendant and received the registration of ownership transfer of the instant land.” The Prosecutor, on October 8, 2019, entered into the instant sales contract in the name of G by deceiving the Plaintiff, thereby leading theO to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Daejeon District Court Branch 2019Gohap206 on suspicion of fraud, etc.) and continued the trial.

The Plaintiff asserted that the instant sales contract was revoked due to fraud, and filed for the registration of cancellation of ownership transfer registration in the name of G, which was completed in relation to the instant land in accordance with the instant sales contract, with the Daejeon District Court Decision 2018Gadan9681, the Daejeon District Court rendered a request for cancellation of ownership transfer registration in the name of G. The court of first instance accepted the Plaintiff’s assertion on December 11, 2019 and rendered a favorable judgment in the entirety of the Plaintiff, and the said judgment became final and conclusive on January 1, 202

E. Based on the instant right to collateral security, the Defendant applied for a voluntary auction to the Daejeon District Court Branch U.S., and the proceeds from the auction at the above voluntary auction procedure was KRW 430,000,000, and the Defendant reported the amount of the Defendant’s claim was KRW 544,91,780.

On February 20, 2020, the registration of ownership transfer in the name of the defendant was made on February 19, 2020 on the instant land, and the registration of the establishment of a superficies was also made on February 19, 2020.

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