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(영문) 대전지방법원 2015.04.21 2014나16331
양수금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's successor corresponding to the above revoked part shall be revoked.

Reasons

1. As to each of the instant loans claims by a divisible claimant, the court of first instance accepted only the portion of the claims for loans relating to building prices among the claims filed by the Plaintiff’s succeeding intervenor, and dismissed each of the claims for loans regarding the remaining expenses for registration of creation of a collateral security, claims, claims, and inheritance registration procedure expenses.

Accordingly, since only the defendant appealed against the part against the court of first instance, the scope of the judgment of this court is limited to the loan claim of KRW 16,00,000 for the payment of the building price to which the defendant is dissatisfied.

2. Basic facts

A. E is the husband of the defendant, and D is the husband of C, and E and D are the penalty relationship.

B. E completed the registration of preservation of ownership by the Daejeon District Court No. 3958, Mar. 20, 1998, with respect to one-story housing of 9.87 square meters (hereinafter “the instant building”) in the NYY N of Chungcheongnam-gun N, Chungcheongnam-gun, Chungcheongnam-do, and the 9.8 square meters (hereinafter “instant building”).

C. On April 25, 2001, E donated the instant building to the Defendant, who is his wife, and completed the registration of ownership transfer by the Daejeon District Court’s Branch Registry No. 6015, April 30, 2001.

However, the designated livestock cooperative, a creditor of E, filed a lawsuit to revoke the registration of transfer of ownership by asserting that the above gift contract was a fraudulent act and received the judgment to revoke the registration of transfer of ownership. On November 14, 2002, Daejeon District Court Decision No. 18110, the registration of transfer of ownership was revoked.

As to the building of this case, the designated livestock cooperative applied for a compulsory auction on November 16, 2002 for a compulsory auction to the Daejeon District Court's rice supportF, but the defendant purchased the building of this case in KRW 15,675,285 on April 9, 2004, and paid the price for which C's husband D withdrawn KRW 16,00,000 from the national bank account (Account Number: G) in the name of C.

E. On April 9, 2004, the defendant concluded a contract to establish a mortgage with C, and on the building of this case.

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