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(영문) 인천지방법원 2020.12.09 2020가단212216
소유권이전등기 등
Text

1. The Defendant made an agreement with the Plaintiff on September 20, 2012 regarding the area of 724 square meters prior to Incheon Dong-gu, Incheon.

Reasons

1. Basic facts

A. The plaintiff is a woman of the deceased D (the deceased on May 26, 2002, hereinafter "the deceased"), and the defendant is a child of the deceased.

B. On November 14, 1991, the registration of ownership transfer was completed in the name of the deceased on November 14, 1991 with respect to the area of 724 square meters (hereinafter “the instant real estate”) prior to the Incheon Nam-gu Seoul Metropolitan Government C, and on September 24, 2002, the registration of ownership transfer was completed due to the inheritance of the Defendant.

C. On February 25, 2011, the Defendant loaned KRW 40,000,000 from E Association around the following time, to E Association (hereinafter “E Association”) for the establishment of a neighboring mortgage (hereinafter “the instant collateral security”) which is the maximum debt amount of KRW 52,00,000,000 from E Association.

(hereinafter “instant loan”). 【No dispute exists, entry of A’s evidence No. 1, and the purport of the entire pleadings

2. Determination as to the cause of action

A. The following facts do not conflict between the parties, or can be found by each entry in Gap evidence Nos. 2-4:

1) On March 21, 2011, the Defendant: (a) prepared a letter of commitment that the Plaintiff’s instant real estate owned by the Plaintiff, as collateral, will prepare a loan certificate at the time of borrowing KRW 40 million from the Association; and (b) promised that the Defendant will bear all expenses, such as interest, commission, etc. incurred by the repayment date (hereinafter “each of the instant letters”); and (c) cash custody certificate stating the number of loans in KRW 40 million (hereinafter “the instant cash custody certificate”). (b) the Defendant prepared a letter of waiver of real estate rights as follows on September 20, 2012; (c) concluded that the Plaintiff will cancel the instant collateral by repaying the instant loan to the Plaintiff during September 2013; and (d) agreed that the Plaintiff will transfer the ownership of the instant real estate to the Plaintiff within 30 days thereafter.

(hereinafter referred to as the “instant agreement”). The written waiver of real estate rights (Evidence A(2))

1. The real estate of this case was purchased by the Plaintiff on October 29, 1991 and was cultivated and managed by the Defendant on commission of the Plaintiff for the last 20 years, but on February 20.

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