소유권이전등기
1. The part of the claim against Defendant Nonghyup Bank among the lawsuit of this case is dismissed.
2. Defendant.
1. Basic facts
A. C on March 28, 2007, purchased the instant real estate from Defendant Corporation, and sold the right to purchase the instant real estate to D Co., Ltd, E, and F (hereinafter “Nonindicteds”) on February 5, 2008.
B. On March 19, 2008, D Co., Ltd borrowed KRW 2.5 billion from Defendant Nonghyup Bank to use the instant real estate as the purchase fund (hereinafter “the instant loan”). The Nonparty borrowed KRW 2.5 billion from Defendant Nonghyup Bank (hereinafter “the instant loan”). subsequently, in order to secure the instant loan’s obligation, the Nonparty subsequently set up and set up collateral security rights on the instant real estate and its ground buildings.
C. On March 21, 2008, the Plaintiff borrowed KRW 200 million from Defendant Nonghyup Bank, and on the same day, the Nonparty jointly and severally guaranteed the Plaintiff’s obligation.
On March 21, 2008, the Nonparty paid all the price of the instant real estate to Defendant Corporation.
E. On May 20, 2008, the Nonparty transferred the right to claim for ownership transfer registration of the instant real estate owned by the Nonparty to Defendant NongHyup Bank.
F. The instant real estate building was put into compulsory auction, and the Defendant Nonghyup Bank received dividends of KRW 2,371,401,142 from the proceeds from the sale of the instant real estate building.
G. Defendant Nonghyup Bank received a payment plan for the amount of KRW 1,537,818,312 in total, and received KRW 1,337,204,367 in the remainder of the instant loan debt and KRW 200,613,945 in the Plaintiff’s loan amount (i.e., KRW 199,371,072 in the interest of KRW 1,242,873 in the interest of KRW 1,537,818,312 in the form of payment from September 3, 2014 to January 30, 2015.
【Fact-finding without a dispute over the ground for recognition】In the absence of dispute, Gap evidence 1 through 15, evidence 17 through 22, Eul evidence 1 (including each branch number, if any, hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion
A. On March 21, 2008, the Plaintiff borrowed KRW 200 million from Defendant Nonghyup Bank to Nonparty including D Co., Ltd. as the purchase fund of the instant real estate.