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1. The Defendant received on March 7, 2017 from the registration office of the Incheon District Court with respect to the real estate stated in the attached list 1 from the Plaintiff.
Reasons
1. Basic facts
A. The deceased C (D students, death on March 31, 2017, hereinafter “the deceased”) is the spouse of the Plaintiff, and is the Defendant’s South-North-born.
B. On February 27, 2017, the Deceased filed a claim for judicial divorce against the Deceased, and died on March 31, 2017, during which the said lawsuit was pending.
C. With respect to the real estate listed in the separate sheet No. 1 (hereinafter referred to as “the instant real estate”), the following registration of ownership transfer or registration of ownership establishment was completed.
① Registration of ownership transfer based on sale as of December 30, 1999 on the deceased’s name as of September 10, 1997
D. The Defendant operated a business entity that produces electronic components with the trade name of “G”, and the Deceased worked at the above business entity from around 1991 to March 31, 2017 and took charge of fund management.
[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1, 5, 10, 112, 13, Eul evidence Nos. 1 and 2, the purport of the whole pleadings]
2. Summary of the parties’ assertion
A. The registration of creation of a new mortgage of the Plaintiff’s assertion summary constitutes registration of invalidity based on false conspiracy with intent to avoid division of property following divorce, or registration of establishment of a new mortgage where there is no secured debt should be cancelled due to the registration of establishment of a new mortgage.
Therefore, the Defendant, the mortgagee of the instant real estate, is obligated to implement the procedure for registration cancellation of the said registration to the Plaintiff.
B. The registration of the establishment of a mortgage on the part of the Defendant’s claim summary is a loan obligation to the Defendant.