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(영문) 수원지방법원안산지원 2016.05.27 2013가단24733
근저당권말소
Text

1. The defendant shall assist the plaintiff in Ansan-si District Court with respect to one-third share of the 1,700 square meters of the unit D before Ansan-si.

Reasons

1. Basic facts

A. On March 2005, the Plaintiff’s mother entered into a contract with F to exchange 40/70 shares out of 132 square meters in Guro-gu Seoul Metropolitan Government G major, 132 square meters, and 1/3 shares out of 1,700 square meters in Dong-gu, Sinsan-si, Seoul, Seoul, and 1/3 shares out of 1,700 square meters in Dong-gu and 493 square meters prior to H (hereinafter “instant D real estate”) and 1/3 shares in the instant real estate (hereinafter “each of the instant real estate”).

E and F entered into the above exchange contract, they completed the registration of ownership transfer in the name of F mother, and agreed to complete the registration of ownership transfer in the name of the plaintiff, who is the child of E.

B. On March 23, 2005, E completed the registration of ownership transfer with respect to the share of 40/70 and above ground 2-story housing among the share of 132 square meters in Guro-gu Seoul, Guro-gu, Seoul. However, F did not complete the registration of ownership transfer with respect to each real estate of this case to the Plaintiff.

Accordingly, the Plaintiff filed a lawsuit against F to F to seek implementation of the procedure for the registration of ownership transfer of each of the instant real estate under the Suwon District Court's Ansan Branch 2007da5085, which was rendered a favorable judgment on April 23, 2008. Accordingly, on November 24, 2010, the Plaintiff completed the registration of ownership transfer on each of the instant real estate.

C. Meanwhile, with respect to the instant D real estate, the debtor was based on the contract to establish a contract as of October 17, 2002, which was received on October 17, 2002 by the Suwon District Court, No. 27424, Oct. 16, 2002: F, the mortgagee: the defendant, the maximum debt amount: 150,000,000 won; the joint security: the establishment registration of a mortgage of the instant H real estate and the amount of 1,812 square meters prior to the JJ in Ansan-si, Ansan-si.

(hereinafter referred to as “instant collateral security”). [Grounds for recognition] The entry in Gap’s Evidence Nos. 1, 2, 5, and 26 (including each number), and the purport of the whole pleadings.

2. Summary of the parties' arguments

A. The right to collateral security of this case, which was completed on the real estate of this case, in the gist of the plaintiff's assertion, exists.

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