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(영문) 수원지방법원성남지원 2015.01.16 2014가합8505
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendant entered into a sales contract between the Plaintiff and the Defendant, etc. 1) The Plaintiff and D are each real estate listed in Attachment 1. List from E on February 11, 2004 (hereinafter “F real estate”).

(2) On February 9, 2010, the Defendant completed the registration of ownership transfer based on sale on February 1, 2010 for F real estate on February 1, 2010 for F real estate under the name of the Plaintiff, and for F real estate under D, the remaining real estate was transferred to the Defendant on April 15, 2009.

B. On December 20, 2007, F real estate was the cancellation and recovery of the registration of the establishment of the neighboring mortgage of this case (hereinafter “the registration of the establishment of the neighboring mortgage of this case”) and the registration of the establishment of the neighboring mortgage of the debtor, the plaintiff and the mortgagee G, which constituted the maximum debt amount of 1 billion won.

(2) On May 208, 2008, it was revealed that the Plaintiff’s husband H had cancelled the registration of creation of a mortgage of the instant case by forging and using a power of attorney in his name G. However, due to such act, H was sentenced to a judgment (one year of suspended execution of imprisonment) sentenced to six months (one year of suspended execution of a private document) (one year of suspended execution of a private document forgery and uttering of a private investigation document) on July 20, 201. Since H’s appeal and appeal were all dismissed, the said judgment became final and conclusive on April 26, 2012.

3) On March 30, 2011, G filed a lawsuit seeking the restoration registration of the establishment registration of the instant neighboring mortgage, which was cancelled with the Plaintiff and the Defendant as the other party, and in that lawsuit, the instant lawsuit became final and conclusive on October 17, 2013 with the purport that “the Plaintiff shall implement the procedures for the restoration registration of the establishment registration of the instant neighboring mortgage, and the Defendant shall express his/her intention to accept the said restoration registration.” (C) The registration of the establishment of the instant neighboring mortgage was finalized on October 19, 2013 (Capnam District Court Decision 2011No1398, J. 201, Suwon District Court Decision 2012Na28858, Suwon District Court Decision 2013Na569 (Counterclaim) and Supreme Court Decision 2013Da57320, Nov. 19, 2013).

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