가등기 및 근저당권설정등기말소 청구의 소
1. As to the real estate stated in the separate sheet to B, the Defendant:
A. On December 12, 201, 201, the Suwon District Court Yang Pyeong Registry.
Basic Facts
Seoul Mutual Savings Bank (hereinafter referred to as "Seoul Mutual Savings Bank") set the due date on May 31, 2007 to B on May 31, 2007 as the due date on May 31, 2010, and extended KRW 10 billion to B, and on July 30, 2007, the due date on July 30, 2007 as the due date on July 30, 2010, respectively, KRW 5 billion.
(2) On December 12, 2011, B: (a) on December 12, 201, the registration of the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) based on the purchase and sale promise of December 9, 201, issued by Suwon District Court No. 54309, Dec. 12, 201, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as indicated in the separate sheet (hereinafter “instant real estate”); and (b) on December 12, 2011, the registration of the provisional registration of the right to claim ownership transfer based on the purchase and sale promise of December 9, 201 (hereinafter “provisional registration of this case”) and the registration office No. 54308, Dec. 12, 2011, the establishment
Seoul Mutual Savings Bank was declared bankrupt by the Seoul Central District Court on September 26, 2013, and the plaintiff was appointed as the bankruptcy trustee of Seoul Mutual Savings Bank.
The instant loan claims against B by Seoul Mutual Savings Bank are KRW 14,274,630,887,076 as of September 10, 2015, totaling KRW 5,174,88,076 as principal and interest KRW 9,09,742,81.
[Reasons for Recognition] Fact that there is no dispute, Gap evidence 1, Gap evidence 2-1 through 10, and the plaintiff's assertion of the purport of the whole pleadings, the defendant did not conclude a trade reservation or lend money to Eul with regard to the real estate in this case.
Nevertheless, the provisional registration of this case and the establishment registration of a neighboring mortgage are completed, which is deemed to have been made by means of false representation of conspiracy between the defendant and B.
Therefore, as a creditor of B, the Plaintiff did not exercise the right to claim the cancellation registration of the provisional registration of this case and the establishment registration of the neighboring mortgage established by B as to the real estate of this case. Therefore, the provisional registration of this case and the provisional registration of this case, which are null