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(영문) 수원지방법원 2020.10.14 2019나85621
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. G completed the registration of ownership transfer on the ground of sale on May 16, 1983, with respect to the same 118.8 square meters in Suwon-si, Suwon-si and the same e-mail 77.7 square meters (hereinafter “each of the instant lands”)

B. On April 3, 2002, the Plaintiff (G’s children) completed the registration of ownership transfer on the ground of donation on March 28, 2002 with respect to the above E-ground building (hereinafter “instant building”).

C. On August 20, 2007, G entered into a mortgage agreement with C Association with the debtor regarding each of the instant lands, etc. at KRW 195,000,000, with the maximum debt amount set forth as KRW 195,000, and on the same day, G completed the establishment registration of a mortgage to C Association.

On March 30, 2009, the Plaintiff entered into an additional contract to add the instant building to the object of the said right to collateral security, and completed registration with C Association on March 31, 2009.

E. On May 10, 2010, G died on May 10, 201, and the Plaintiff (Namnam), the husband of G, who is the husband H and his children, was the co-inheritors, and the Defendant (mama), the J (J) and K agreed to inherit each of the instant lands, etc. on their own by the Plaintiff.

(f) On August 10, 2010, the Defendant and H, I, J, and K reported the renunciation of inheritance under the Suwon District Court Decision 2010Ra1368 on August 10, 2010, and on September 2, 2010, the said court rendered a ruling accepting the said declaration.

G. On August 19, 2010, the Plaintiff completed the registration of ownership transfer on each of the instant land due to the division consultation of the instant inherited property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. In order to secure a loan obligation to the Defendant’s decision on the cause of the claim, the owner of each of the instant land and the instant building owned by G, as described in paragraphs (c) and (d) above, set up a collateral security right as to each of the instant land and the instant building owned by the Plaintiff, and the owner of each of the instant land and each of the instant buildings inherited from G.

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