소유권이전등기
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 2 as evidence Nos. 1 and 2.
On November 22, 1997, Defendant B completed the registration of creation of each collateral security (hereinafter “E Association”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) and D, not less than 185§³ and its ground buildings (hereinafter “D real estate”) prior to Seosan-si, on May 15, 1997, with respect to D real estate granted a loan from E Association on March 24, 1998 (hereinafter “E Association”), and completed the registration of creation of each collateral security (hereinafter “E Association”) with respect to D real estate on several occasions.
B. On April 22, 2003, the Plaintiff completed the registration of ownership transfer for D real estate on April 15, 2003 and completed the registration of ownership transfer on April 23, 2003, after receiving a loan of KRW 60 million from F, Co., Ltd. on April 23, 2003, and completed the registration of creation of a right to collateral security in the F, but the Plaintiff completed the registration on April 23, 2003.
The right to collateral security of E union mentioned in paragraph was cancelled.
C. Meanwhile, on July 22, 2006, Defendant B, the Plaintiff’s mother, G, the Plaintiff, and the Plaintiff.
60 million won as described in the subsection, Defendant B made a statement of performance to the effect that the principal and interest of the loan will be repaid within 10 years since it repaid the obligations of Defendant E Union.
However, on January 18, 2013, Defendant B completed the registration of ownership transfer for the instant real estate on the grounds of sale on January 17, 2013 (hereinafter “instant sale”). Defendant B completed the registration of ownership transfer for the instant real estate with respect to Defendant C, and completed the registration of ownership transfer for each of the following reasons: (a) the maximum debt amount of KRW 28 billion on November 1, 2013 and the maximum debt amount of KRW 65 million on August 22, 2014, respectively.
E. Accordingly, the Plaintiff filed a claim against Defendant B for the principal and interest of loan under the above performance memorandum, and the instant sales contract against Defendant C constitutes a fraudulent act, and thus, the Plaintiff filed a lawsuit seeking the revocation thereof (Seoul District Court Seosan Branch Court Decision 2016Da53208) and filed a lawsuit seeking the revocation thereof (Seoul District Court Decision 2016Da53208).