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(영문) 대전지방법원논산지원 2016.11.16 2014가합383

소유권이전등기말소

Text

1. The plaintiff's main claim is dismissed.

2. On July 2015, the Defendant: (a) on the real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. From May 201 to October 2011, the Plaintiff lent the Defendant’s husband C a total of KRW 84,50 million over several times, and around October 201, C completed provisional registration with respect to the instant real estate owned D for the purpose of securing the borrowed amount to the Plaintiff.

At the time, the right to collateral security was established in the future of the Incheon Fisheries Cooperatives, the maximum amount of debt KRW 910 million.

B. On November 21, 2013, C: (a) proposed to the Plaintiff on November 21, 2013, that “A would change a financial institution to a national bank due to the high interest rate on the instant real estate; (b) the Plaintiff would not obtain a loan by completing the registration of ownership transfer under the name of the Defendant because it is not good credit; (c) the Plaintiff would obtain a loan by completing the registration of ownership transfer under the name of the Defendant; and (d) the Plaintiff would also partially repay the loan; and (e) completed the additional registration

At the time, the defendant allowed the husband C to use the name on the transfer of real estate ownership, and the seal impression and identification card have also been assigned to it.

C. On January 2014, C completed the registration of ownership transfer under the name of the Defendant with respect to the instant real estate, and around February 2014, C created the right to collateral with a maximum debt amount of KRW 840 million in the future of the National Bank, and around April 2014, C cancelled the registration of creation of a neighboring mortgage of the Incheon Fisheries Cooperatives.

However, the Plaintiff did not repay the borrowed money.

Since then, the plaintiff filed a complaint against C on suspicion of fraud, etc.

C is sentenced to imprisonment with prison labor for a two-year period (Seoul District Court Decision 2015Da3435 Decided September 2, 2016), which is currently pending in the appellate trial, due to fraud, etc. that is charged with investigation and acquired property benefits by deceiving the plaintiff under the name of the defendant, as described in the above B, and has been subject to transfer of provisional registration under the name of the defendant.

[Ground] Each entry of evidence Nos. 1-17 and the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff’s assertion C is a representative of the Defendant at the time of the provisional registration transfer on November 21, 2013.