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(영문) 수원지방법원여주지원 2016.11.30 2015가단22979

가등기말소

Text

1. Of the instant lawsuit, the Plaintiff’s claim for cancellation of the provisional registration on each real estate indicated in attached Tables 1, 2, 4, 6, and 8 of the List A.

Reasons

1. Basic facts

A. On February 20, 2013, the Plaintiff borrowed KRW 40 million from the Defendant, and repaid KRW 57 million to the Defendant not later than May 31, 2013. However, as security for the said loan, the Plaintiff drafted a loan certificate (Evidence 1) with the content that the Defendant would make a provisional registration of KRW 300 out of the land owned by the Plaintiff in Yangyang-gun, Gyeonggi-do.

Section 2 of the above loan certificate states, “The provisional registration holder shall pay the loan amount in full and at the same time cancel the provisional registration.” On the next side, the statement stating “the consent of paragraph 2” and the Defendant’s seal is written.

(2) On February 20, 2013, based on the first loan certificate, the Defendant completed the provisional registration of the right to claim the transfer of each real estate listed in the separate sheet (hereinafter “the provisional registration of this case”). (c) The Plaintiff subsequently borrowed money from the Defendant, and on May 31, 2014, paid to the Defendant KRW 11 million (the sum of the rent and interest) by June 30, 2014.

“The second loan certificate” (hereinafter referred to as “the second loan certificate”). D.

Plaintiff

B On August 7, 2014, among the real estate subject to the provisional registration of this case, the registration of the transfer of all co-owners' shares due to the division of co-owned property is completed.

E. The provisional registration of this case with respect to each real estate listed in [Attachment List Nos. 1, 2, 4, 5, 6, and 8] was cancelled on October 7, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Of the instant lawsuit, the fact that the provisional registration of the Plaintiff’s respective real estate stated in Section 1, 2, 4, 6, and 8 of the attached Table Nos. 1, 6, and 8 of the Plaintiff’s Schedule Nos. 1, 2, 4, 6, and 8 of the attached Table Nos. 1, 6, and the provisional registration of this case, which was established on the real estate listed in Section 5 of the attached Table No. 2 of the Plaintiff’s Schedule No. 2,