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(영문) 서울동부지방법원 2015.01.28 2014나4158
전세권설정등기말소
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal office and the principal office.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. C (the deceased on October 15, 2012, hereinafter “the deceased”) who was the owner of the real estate indicated in the annexed real estate (hereinafter “the instant real estate”) had resided in the instant real estate as his/her mother household located in the instant real estate with his/her own house located in his/her household located in the same household household, and as a result, it was difficult for the Plaintiff, who was living in the same apartment building, to dispose of his/her residence due to economic circumstances, and to live in another residential area with D from December 12, 195.

B. D around December 18, 1995, around 1995, borrowed 20 million won from the Defendant at the interest rate of 3% per month.

C. At the time, the Defendant demanded the Deceased to offer a collateral to secure D’s claim, and D requested the Deceased to provide a collateral for the instant real estate, and D had the Deceased’s consent (at the time, there is no evidence to acknowledge the Plaintiff’s assertion that the registration of the establishment of chonsegwon was completed without the deceased’s consent) on December 18, 1995, the registration of the establishment of chonsegwon with the content of the right to lease (hereinafter “registration of the establishment of chonsegwon”) was completed on December 18, 199 on December 18, 199 by the Seoul Northern District Court’s receipt and registration office for the instant real estate as of December 18, 195 as the grounds for registration No. 83099, Dec. 18, 1995.

On the other hand, the Plaintiff completed the registration of ownership transfer on November 14, 2012 due to the death of the deceased on November 14, 2012 by means of inheritance as Seoul Northern District Court No. 73951, Oct. 15, 2012.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, 4 through 6, Eul's evidence 1-3, Eul's witness D's testimony and whole purport of pleading

2. Whether the registration of chonsegwon is legitimate; and

A. The Plaintiff’s registration of the establishment of the instant chonsegwon is to secure the obligation to borrow KRW 20 million against the Defendant of the deceased’s friendship D.

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