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(영문) 대구지방법원 2019.05.23 2018가단105740

소유권말소등기

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. As to the real estate listed in the attached list (hereinafter “instant house”), the ownership transfer registration under the name of the Plaintiff was completed as of February 5, 2015, and the debtor was the Plaintiff as of February 10, 2015, and the mortgagee of the right to collateral security (hereinafter “C”) was completed with the registration of establishment of a neighboring mortgage of KRW 85,200,00 (hereinafter “mortgage-mortgage-backed mortgage”) as of February 6, 2015. As of March 4, 2015, the provisional registration of ownership transfer registration under the name of the Defendant was completed as of March 4, 2015 (hereinafter “provisional registration of this case”) and the ownership transfer registration of this case was completed as of August 6, 2015 on the ground of the “sale registration under the name of the Defendant” as of August 6, 2015.

B. The defendant is a person running a credit business under the trade name of D.

C. As of March 4, 2015, the Plaintiff: (a) borrowed KRW 30,00,000 from each Defendant with the interest rate of 34.6% per annum; and (b) borrowed KRW 34,30,000 per annum from each Defendant; and (c) written a loan certificate and a standard contract for loan transaction (hereinafter collectively referred to as “the instant loan contract”) with the purport that the Plaintiff shall pay KRW 34,30,000 on August 3, 2015, and issued it to the Defendant.

As of March 4, 2015 with respect to the provisional registration of the instant case and the instant loan agreement, the Plaintiff and the Defendant agreed to repay KRW 34,300,000,000 as principal and interest, up to August 3, 2015. However, in order to secure this, the Plaintiff completed provisional registration on the instant house, and prepared a promise to return substitutes (Evidence 6) with the content that, if the principal and interest are not repaid at the repayment date, the Plaintiff would transfer the instant house to the Defendant due to the return of substitutes (Evidence 6

In addition, as of August 2, 2015, the Plaintiff’s value of the instant house between the Defendant and the Defendant as of August 2, 2015, was KRW 120,000,00, and the amount of senior collateral security obligation was 85,00.