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(영문) 수원지방법원평택지원 2015.11.18 2015가합9204
근저당권말소
Text

1. Defendant B, Defendant (Counterclaim Plaintiff) C, and Defendant (Counterclaim Plaintiff) D are real estate indicated in the attached Table to the Plaintiff (Counterclaim Defendant).

Reasons

1. The main text of the facts is to consider both a principal lawsuit and a counterclaim.

The following facts are as follows: (i) the Plaintiff and Defendant B are deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act; (ii) there is no dispute between the said parties; (iii) evidence Nos. 1, 2; (iv) evidence Nos. 3-1 through 10; and (v) evidence Nos. 5-1 through 5; (v) evidence Nos. 5-1 through 5; (v) evidence Nos. 5-2; (iv) evidence Nos. 5-1 and 5-2; and (v) evidence Nos. 5-1 and 5-2.

(1) The plaintiff is the husband of defendant B.

B. Sheet Defendant C and D (hereinafter referred to as “Defendant 2”) are the births of Defendant B.

B. (i) On October 4, 2004, the Defendants jointly purchased real estate listed in the separate sheet from E (hereinafter “instant real estate”) in the name of the Plaintiff and agreed to complete the registration of ownership transfer under the name of the Plaintiff. Accordingly, on November 11, 2004, the Suwon District Court received the registration of ownership transfer under the Plaintiff’s name as receipt No. 56749, Nov. 11, 2004.

On the other hand, the Defendants completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with respect to the instant real estate as the head of Suwon District Court No. 56750, Nov. 11, 2004, the maximum debt amount of which was KRW 300,000,000, and the debtor and the mortgagee as the Defendants, with respect to the instant real estate, to secure their ownership.

The Plaintiff paid KRW 11,062,837 in total property tax imposed on the instant real estate for ten years after the completion of the registration of transfer of ownership on the instant real estate.

Defendant 2, on October 7, 2014, transferred the ownership of the instant real estate to the Plaintiff and E in the name of the Plaintiff on the instant real estate in Suwon District Court 2014Gahap9771.

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