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(영문) 대구지방법원서부지원 2016.06.15 2015가단21862
근저당권말소
Text

1. On July 25, 1991, the Defendant shall provide the Plaintiff with the Seogu District Court Seo-gu District Court 1,491 square meters in relation to the 1,491 square meters in Daegu-gun, Daegu-gun.

Reasons

1. Basic facts

A. D purchased 1,491 square meters in Daegu-gun, Daegu-gun (hereinafter “instant land”) on August 2, 1965, and completed the registration of ownership transfer on August 14, 1981.

B. On February 1, 2008, the Plaintiff, a child of D, completed the registration of ownership transfer on the instant land on August 10, 2015 due to inheritance by agreement division as of February 1, 2008.

C. Around April 1991, the instant land was sold at KRW 15.3 million between D and the Defendant, and a down payment of KRW 2 million was made on the date of the contract, the intermediate payment of KRW 6 million on April 11, 1991, and the remainder of KRW 7.3 million on the 26th day of the same month, respectively.

On July 25, 1991, the defendant completed the registration of the establishment of a mortgage over the land of this case with the maximum debt amount of 30 million won, D with the debtor, and the mortgagee.

(Registration and Receipt No. 45570, hereinafter referred to as the "Registration of the establishment of the neighboring establishment of the instant district court") e.

The instant land was designated as a land transaction permission area on August 19, 1987, and was cancelled on January 31, 1998, and was again designated as a land transaction permission area on November 25, 1998, and was cancelled on May 25, 201.

F. On March 23, 2012, the Defendant filed a lawsuit against the Defendant, etc. claiming the ownership transfer registration on the instant land due to sale on April 26, 1991.

The court rendered a judgment dismissing the Defendant’s claim on March 26, 2013, which became final and conclusive on April 13, 2013, and the above judgment became final and conclusive on the following grounds: (a) ten years have elapsed since January 31, 1998, counting from January 31, 1998, on which the Defendant’s claim for ownership transfer registration became final and conclusive.

(2012dada 8523, hereinafter referred to as "prior to action"). 【The ground for recognition has no dispute, entry in Gap's 1, 2, and 4, and Eul's 1, 2, and 3 (including each number), and the purport of the whole pleadings.

2. The parties' assertion

A. Plaintiff 1D shall be the Defendant on April 1991.

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