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(영문) 춘천지방법원원주지원 2015.07.09 2014가단1972
소유권이전청구권보전가등기말소
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 registration of transfer of ownership in the name of the deceased M was completed on June 1, 1970, as from the date of receipt on June 1, 1970, No. 5835, with respect to the land of 2986m2 (hereinafter “instant land”).

B. As to the instant land, the provisional registration in the name of the deceased N was completed on December 16, 1974, which was received on December 28, 1974 by the Chuncheon District Court, as the head of the Chuncheon District Court’s main branch, with No. 15986, Dec. 16, 1974 (hereinafter “the provisional registration of this case”).

C. The plaintiff is the spouse of the deceased M.

The deceased M was killed on December 2012, and the registration of transfer of ownership in the name of the plaintiff was completed on June 15, 2002 as the receipt of the Chuncheon District Court's original branch on June 15, 2002, No. 28313, Dec. 11, 2001.

On March 18, 1980, the network N died, and the heir has a child, who is, Defendant B, Defendant C, networkO, Defendant E, Defendant F, Defendant G, and Defendant H.

On September 15, 2010, the networkO died, and the heir is the spouse, Defendant D, Defendant I, Defendant J, and Defendant K.

(A) The registration of transfer in the name of the Defendants was not completed with respect to the provisional registration of this case (which is the ground for recognition). [This ground] The facts of no dispute, entry of Gap evidence No. 1 and the purport

2. Determination as to the cause of action

A. On December 16, 1974, the deceased M’s assertion 1) borrowed two million won from the deceased N to terminate the provisional registration of this case for the purpose of collateral. In other words, the provisional registration of this case is the provisional registration of this case. In other words, the deceased M paid two million won to the deceased N in full after several years thereafter. As such, the provisional registration of this case was cancelled inasmuch as the secured obligation of this case was fully repaid. (2) The fact that the deceased M borrowed two million won from the deceased N as the fact that it was unfavorable to the Plaintiff, even if it was the Plaintiff, is the fact that the Plaintiff borrowed two million won from the deceased N, the purpose of this case is to secure the debt of the above two million won loan.

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