소유권이전등기말소
1.The judgment of the first instance shall be modified as follows:
All of the plaintiff's primary claims against the defendants.
Basic Facts
Defendant B, including the establishment of a lending relationship, lent a total of KRW 45,600,000 to the Plaintiff as indicated in the following table:
On October 23, 2013, KRW 11,00,000, KRW 200 on loan date 14,000,000 on loan, and KRW 35,60,000 on October 24, 2013, KRW 45,60,000 on loan date 30,000 on loan date 45,00,000 on October 25, 2013, Defendant B prepared a statement of prohibition of lending KRW 20,50,000 on loan amount to the Plaintiff by stipulating that the amount of KRW 6,50,000 out of the aggregate of the above loan amount will be due and due and due and due and due and due and due and due and due and due and due and due and due and due and due and payable each month from October 26, 2013 (Payments damages) to the Plaintiff by adding KRW 20,50,000 on loan amount to KRW 25,205,010 on loan date.
(hereinafter referred to as “second loan”). The sum of the first and second loans is KRW 45,500,000,000 in total, and there is a difference between KRW 45,600,000 in the aggregate of the loans stated in the above table, but each of the above acts of preparing a statement of prohibition of loan performance has a legal character as a novation, in the sense that interest and maturity for each of the loans mentioned in the table above are newly determined.
As such, the loan principal is also reasonable in accordance with each of the above loan prohibition notes.
On the other hand, regarding the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), the land listed in the separate sheet No. 1 No. 1 (hereinafter “instant land”) and the building listed in the separate sheet No. 2 (hereinafter “instant building”) with respect to the instant building, the maximum debt amount of KRW 70,000,000, and the registration of the establishment of a collateral security right to the Plaintiff and the Defendant B, which was based on the mortgage contract concluded on October 25, 2013, may be the Suwon District Court on October 30, 2013.