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(영문) 수원지방법원평택지원 2017.11.24 2015가합8317

소유권이전등기말소

Text

1. As to each real estate listed in the Schedule of Attached 3 Real Estate:

A. On December 23, 2013, concluded between Defendant B and K.

Reasons

Basic Facts

From May 2012, K implementing the Plaintiff’s intermediate payment loan was running a project to build and sell 96 households of urban-type residential housing M (hereinafter “M”) on the land of Pyeongtaek-si L.

K, upon the low sale of M, has recruited false buyers, and had them receive an intermediate payment loan in their names to pay for the shortage of construction cost.

From June 2013, K borrowed the name of N (N) and the person related to N (N) who is a branch and Si construction (hereinafter “N”) and P (O) who is an investment company (hereinafter “O”) and concluded a false sales contract with 63 households P through Q, R through T, V through W, X-Y, Zho, Zhos through AC, AB through AC, AD through AE, AD through AE, AF head, AH head, AI, AJ head, AK, or AK or AL from among 96 households.

(B) The Plaintiff entered into an intermediate payment loan agreement with the Plaintiff on August 12, 2013, and August 13, 2013. On August 28, 2013, the Plaintiff borrowed KRW 2.21 billion in total as part payments from the Plaintiff as part payments.

(hereinafter “instant loan agreement” and “instant loan”). On August 6, 2013, K entered into a joint and several guarantee agreement with the Plaintiff on the instant loan, and upon completion of M, agreed to designate the Plaintiff as the first priority beneficiary after being entrusted to the trust company, and to deliver the certificate of preferential benefit pursuant to the trust.

(hereinafter “The instant joint and several guarantee contract”). Defendant G, such as the preparation of a sales contract and the notarial deed between K and Defendant F, on behalf of the Defendant F, concluded a sales contract on behalf of the Defendant F with respect to the purchase price of KRW 69,500,000 on November 22, 2013 and M as to whether the purchase price is not overlapped with AO through AP, Q Q, AR, AS, ATS, ATho, and the most unit unit buyer (hereinafter “the first sales contract”), and signed the first sales contract on behalf of the Defendant F.