(영문) 제주지방법원 2018.12.17 2018가단54035

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(영문) 제주지방법원 2018.12.17 2018가단54035

소유권이전등기

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1. The defendant is based on the restoration of the true name with respect to the area of 3672 square meters prior to C in Jeju-si.

Reasons

1. Basic facts

A. On September 5, 2005, the registration of transfer of ownership was completed on September 5, 2005 with respect to the land of 3672 square meters (hereinafter “instant land”) in Jeju-si, Jeju-si, and Jeju-si, and on June 8, 2010, the registration of transfer of ownership (hereinafter “the instant registration of transfer of ownership”) was completed on the ground of the sales contract made on June 2, 2010 (hereinafter “instant sales contract”).

B. The contract of the instant sales contract states that the Defendant purchased the instant land from the Plaintiff in KRW 75,00,000, and that the contract deposit was paid in KRW 7,000,000 at the time of the contract, and that the remainder KRW 68,00,000 is paid on June 7, 2010.

The Defendant paid the Plaintiff KRW 8,00,000, and KRW 60,000 on June 4, 2010, and KRW 68,000 on June 7, 2010, and completed the registration of ownership transfer of this case.

C. Meanwhile, on the instant land, the right to collateral security (hereinafter “the right to collateral security”) was respectively set up, and the right to collateral security (hereinafter “the right to collateral security”) consisting of the maximum debt amount of 52,000,000 won (hereinafter “the right to collateral security”) and the maximum debt amount of 26,000,000 on June 1, 2010, which constituted the right to collateral security (hereinafter “the right to collateral security”) was revoked on the grounds of termination immediately after the registration of ownership transfer.

As of March 13, 2012, regarding the instant land, the right to collateral security (hereinafter “third-mortgage”) was established in F Cooperatives and the debtor as G on March 13, 2012, and the right to collateral security (hereinafter “third-mortgage”) was established on the same day with the right to collateral security (hereinafter “third-mortgage”). On June 25, 2012, the said provisional registration was cancelled due to the cancellation.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The parties' assertion

A. On September 5, 2005, the Plaintiff purchased the instant land from D with the support of C on September 5, 2005. The Plaintiff was in a de facto marital relationship with I, a South dynamics of H, due to the obligor’s demand for damages.

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