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(영문) 울산지방법원 2010.07.28 2009가단30785

가등기말소

Text

1. The defendant on February 27, 2006, as to each real estate listed in the separate sheet to the plaintiff, the Ulsan District Court of Busan District.

Reasons

1. Facts of recognition;

A. On February 27, 2006, D, which is the plaintiff's fraudulent act, borrowed 680 million won from the defendant on February 27, 2006, and as to the 3400 million won out of them (hereinafter referred to as the first-use loan obligation), the debtor is designated as the plaintiff's wife E, D, interest rate of 60% per annum, and due date of payment as of May 31, 2007, and prepare a loan transaction agreement (Evidence 1) with the debtor as to the remainder of 340 million won (hereinafter referred to as the second-use loan obligation), E, joint guarantor, 66% per annum, due date of payment as of May 31, 2007.

At the time D was actually paid 295 million won after deducting 45 million won as a prior interest among 340 million won in connection with the first installment debt.

B. On February 27, 2006, with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each real estate of this case”), the Plaintiff filed a provisional registration for each transfer of ownership (hereinafter “each provisional registration of this case”) under Article 13611 on the receipt of the registry office of Ulsan District Court, Ulsan District Court (hereinafter “U.S. District Court”), and with respect to Ulsan-gu C, Ulsan District Court’s 17877 on the same day on the same day on the ground that the right to claim transfer of ownership was registered on the same day, and E made each of the following projects as the Defendant’s trustee, the title trustee. On the same day, Ulsan District Court Decision 17876, Ulsan District Court Decision 17876, Jun. 1, 2006 on the guarantee of the secondary obligation for rent 14m2.

C. Meanwhile, the plaintiff (1) paid a sum of KRW 190 million to April 23, 2007 from March 28, 2006 to April 23, 2007 to the defendant as interest (the defendant was paid KRW 150 million to February 2007, but it appears that he received KRW 190 million in light of the overall purport of the pleadings, and (2) the Han school construction on April 18, 2007.