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(영문) 대구지방법원 포항지원 2018.06.29 2017가합10270
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants of the parties, etc. are women. The Plaintiff is the husband of Defendant B, and the Plaintiff is a person who was in de facto marital relationship with Defendant C having engaged in monetary transactions for several years with Defendant C’s fraud, and F is the mother of E.

B. On June 7, 2011, the Plaintiff entered 142 square meters of forest land G (hereinafter “G land before division”) in Seoul Special Metropolitan City, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “Seoul Special Metropolitan City”) prior to the division, and omitted the entry of “H Eup in Young-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun,” when referring to the land located in Chungcheongnam-gun, Chungcheongnam-do.

on June 7, 2011, for the same month, as the result of sale and purchase

9. On June 8, 2011, with respect to the I cemetery 98 square meters (hereinafter “I land before subdivision”), each registration of transfer of ownership was completed on the grounds of sale and purchase on June 8, 201 with respect to the JJ land 3,947 square meters (hereinafter “J land before subdivision”) before subdivision on February 22, 2012.

2) On November 12, 2012, the Plaintiff completed the registration of the creation of a mortgage over the instant land that was divided into J, G, and I by the Daegu District Court under Article 11666, with respect to Defendant B’s receipt of the Yong-gu District Court’s territorial support, (i) KRW 130 million with respect to each of the instant land, (ii) the obligor, the Plaintiff, and the mortgagee B; (iii) on April 25, 2013 and June 26, 2015, the land before subdivision was 402 square meters before JJ was divided into two parts, but the land category was changed as of May 24, 2013.

(1) The land category was changed on May 24, 2013, while the land category was changed on May 24, 2013.

N Total 287 square meters before N at the time of division, but the land category was changed on July 4, 2016.

(No. 4) At the time of dividing the instant land into KRW 656 square meters, the land category was changed on July 4, 2016.

(The instant land No. 5) and 605 square meters prior to P at the time of dividing the instant land into 605 square meters, but the land category was changed on July 4, 2016.

(The instant land No. 6) and Q road 8㎡ at the time of dividing it, but the land category was as of July 4, 2016.

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