(영문) 의정부지방법원 2015.10.23 2015가단101047

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.10.23 2015가단101047

근저당권말소

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1. The defendant shall be the plaintiff.

(a) the District Court of the Speaker in respect of each real estate listed in Schedule 1 to 3;

Reasons

1. Facts of recognition;

A. The Plaintiff is the mother of the Defendant as the owner of each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

B. On September 3, 2014, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “each of the instant provisional registration”) with respect to each of the real estate listed in the separate sheet Nos. 1 through (3) on September 3, 2014 due to the purchase and sale reservation as of September 11, 2014, and completed the registration of the right to claim ownership transfer (hereinafter “each of the instant provisional registration”). As to the real estate listed in paragraph (4) of the separate sheet No. 3352 as of September 1, 2014, the Speaker District Court, the obligor, the Plaintiff, and the maximum debt amount of KRW 100 million on September 1, 2014, concluded the registration of the establishment of each of the instant provisional registration (hereinafter collectively referred to as “the establishment of each of the instant provisional registration”).

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination

A. There is no dispute between the parties as to the fact that the establishment registration of each of the instant mortgages on the establishment registration of each of the instant mortgages does not exist.

Therefore, the registration of the establishment of each of the preceding units of this case is an invalid registration of the cause for which the secured debt does not exist, and the defendant is obligated to implement the procedure for registration of the cancellation of each of the

B. (1) Each of the provisional registrations of this case alleged by the Plaintiff is the registration of invalidity of cause by means of false conspiracy between the Plaintiff and the Defendant.

The provisional registration of this case between the plaintiff and the defendant is the true provisional registration based on the gift contract for each real estate listed in the attached list 1 to 3.

Article 2.2

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