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(영문) 광주고등법원 2017.01.20 2016나13610
지분금청구
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B asserted that they were in a de facto marital relationship from around September 201 to July 201, when they were dead from around April 2006.

On the other hand, Defendant B asserted that the Plaintiff and Defendant B had a de facto marital relationship from April 2006 to July 2014.

Defendant C is the pro-friendly type of Defendant B.

B. E and F completed registration of preservation of ownership on March 3, 2003, as the owner (each of the instant real property) of the building and its ground (hereinafter “instant building”) on the land (hereinafter “instant building”) located in Sinpo City D 413.4 square meters (hereinafter “instant land”).

C. (1) Defendant B had the claim for the construction cost of the instant building against E and F (hereinafter “instant claim for the construction cost”). Defendant B, E, and F agreed to take over the secured obligation, etc. of the instant real estate, instead of paying the construction cost of the instant case to Defendant B, E, and F, around September 16, 2004. Defendant B agreed to take over the secured obligation, etc. of the right to collateral security, which was completed on each of the instant real estate by designating E and F as the debtor.

(2) On September 2004, each of the instant real estates was determined as KRW 1,560,000, which is determined as KRW 1,000 on March 3, 2003, KRW 2,000 on the following: (a) the establishment of a mortgage (hereinafter “Korea Bank”); (b) the establishment of a mortgage on March 3, 2003; (c) the establishment of a mortgage on March 5, 2003, which was completed on March 5, 200; (b) the establishment of a mortgage on March 2, 2003; and (c) the establishment of a mortgage on April 14, 2003, which was determined as KRW 3,000 on April 14, 2003.

Pursuant to the above arrangement, E and F had priority over October 8, 2004, the registration of the right to claim transfer of ownership was completed on September 16, 2004 with respect to each of the instant real estate in the future G, which is the seat of Defendant B, as of October 8, 2004.

E. Defendant B.

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