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(영문) 서울동부지방법원 2018.11.01 2017가합102172
소유권이전등기
Text

1. On July 28, 2015, the Plaintiff (Counterclaim Defendant) paid KRW 2,289,143,508 to the Defendant (Counterclaim Plaintiff) and KRW 1,880,000 among them.

Reasons

1. Basic facts

A. The status of the parties is that the plaintiff is the deceased C and the defendant, and the defendant is the mother of the plaintiff.

B. On September 29, 195, C, such as the creation of a right to collateral security on real estate owned C, completed the registration of creation of a right to collateral security on the Songpa-gu Seoul and F Ground G, the maximum debt amount of KRW 420 million, the debtor H Co., Ltd., and the mortgagee D, the mortgagee and the mortgagee Co., Ltd.

After that, on September 2, 199, the registration of creation of a neighboring mortgage was cancelled on September 2, 199, and C took out a loan of KRW 380 million from the I Co., Ltd. (hereinafter “I”) on the same day (hereinafter “the debt of the I loan”), and C completed the registration of establishment of a neighboring mortgage with the I maximum debt amount of KRW 494 million against the I in order to secure the debt of the I loan.

C. 1) On July 20, 2002, the Plaintiff: (a) on July 20, 2002, registered ownership transfer, etc. in the name of C; and (b) on July 20, 200, registered real estate in the name of C and other eight parcels (hereinafter referred to as “instant real estate”; and (c) on the real estate of this case and other eight parcels, the Plaintiff

As to July 19, 2002, the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) by Daejeon District Court Branching the Daejeon District Court under Article 60923 on the ground of trade reservation (hereinafter “the provisional registration of this case”).

(2) On January 13, 2003, the Plaintiff completed on January 13, 2003 the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) under Article 4355 of Daejeon District Court Decision 435 on January 1, 2003.

Since then, the provisional registration of this case was cancelled on January 28, 2013 due to confusion as of January 13, 2013.

C 1) On October 11, 2007, JJ union loan implementation, etc. 1) C is the JJ union (hereinafter referred to as “J”)’s loan implementation, etc.

(C) 1.2 billion won has been loaned from 1.2 billion won (hereinafter referred to as “the first J loan obligation of this case”).

In order to secure the above loan obligations on the same day, the instant real estate, etc. in J.

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