logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.10.12 2016가합37976
근저당권말소
Text

1. The Defendant received on February 20, 2013 from the Seoul Western District Court as to each real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts are as follows: (a) the ownership transfer registration under the Plaintiff’s name (hereinafter “the first share transfer registration”) was completed on January 30, 2013 with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on January 30, 2013, as to each of the instant real estate on January 30, 2013; (b) the ownership transfer registration under the Plaintiff’s name (hereinafter “the first share transfer registration”) was completed on February 20, 2013 as to each of the instant real estate on January 30, 2013; (c) the ownership transfer registration under the Plaintiff’s name (hereinafter “the second share transfer registration”) was completed on January 30, 2013; and (d) the Plaintiff received each of the instant real estate from the Defendant on February 20, 2013 as the maximum amount of debt; and (d) the Plaintiff received each of the instant real estate on February 20, 2013.

2. On February 4, 2013, C, the husband of the Plaintiff, filed a divorce lawsuit against the Plaintiff and demanded division of property against each of the instant real estate, etc.

The defendant, who is his father and wife, actively helps the above divorce lawsuit, proposed that the plaintiff set up the right to collateral security in the name of the defendant in preparation for division of property in each real estate of this case.

Therefore, even though the plaintiff did not have any obligation, the registration of establishment of each of the roots of this case was completed to the defendant.

Therefore, the registration of establishment of each of the preceding units of this case must be cancelled not only by the secured debt but also by the registration of invalidation of the cause established falsely.

3. Determination as to the defendant's defense prior to the merits

A. The Defendant asserts to the effect that the Plaintiff acquired ownership of each of the instant real estate based on the criminal act, and thus, the Defendant did not have the standing to seek cancellation of the registration of creation of each of the instant real estate.

l.p. g., p.

arrow