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(영문) 서울서부지방법원 2019.06.13 2017가단24420
근저당권설정등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s husband B owned a multi-household E (hereinafter “former Building E”) under the name of Chok F in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant land”).

B. G, H, and I (hereinafter “G, etc.”) concluded a sales contract to remove multi-household housing on the instant land and newly construct housing therein from B on March 29, 2011. Under the sales contract, the sales price of KRW 190,000,000, and the seller is F and the buyer are written as I.

C. On April 25, 2011, the registration of ownership transfer was completed in I’s name with respect to subparagraph 5 of the old building underground.

Meanwhile, B entered into a sales contract (hereinafter “instant sales contract”) with the content that the housing Jho Lake (hereinafter “instant real estate”) will be newly constructed on the instant land. The sales contract includes KRW 160,000,000 under the sales contract, and the seller’s name is as follows: (a) the sales price is KRW 160,000,000; (b) the seller is as follows; (c) the buyer is as the buyer’s agent;

E. However, on February 8, 2013, the registration of ownership transfer was completed with respect to the instant real estate after the completion of a new house on the instant land. On February 8, 2013, the Seoul Western District Court received 6126 registration office, which became one-third co-ownership share holder of G, etc. on each of the 1/3 co-ownership shares. On the same day, the registration of ownership transfer was completed under the name of G under Article 6140 of the receipt of the same registry office on the grounds of co-owned property partition on the same day (hereinafter “first registration”), and the ownership transfer registration was completed under the name of K, which is his father of H, under Article 6146 of the receipt of the same registry office on the grounds of sale on the same day (hereinafter “second registration”). The registration of the instant case was completed

F. In addition, the registration of the establishment of the collateral security interest of the instant real estate was completed at the time of the registration of the instant real estate under Article 6148 of the same registry office, with the maximum debt amount of KRW 234,00,000,000.

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