가등기말소
1. The defendant's appeal is dismissed.
2. Upon the claim added at the trial, the defendant shall set forth in the attached list No. 3.
1. Basic facts
A. On February 28, 2011, C Co., Ltd. (hereinafter “C”) entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) whereby KRW 30,000,000,000 from the Komato Savings Bank is to be loaned at the rate of 11% per annum on February 28, 2012 between the date of the expiration of the credit period and the Komato Savings Bank (hereinafter “Toma Savings Bank”).
B. At the time of the conclusion of the instant credit transaction agreement, B and Saturdays Savings Bank, which were the representative of C and in the position of in-house director, were prepared on February 28, 201, with the content that C guarantees up to the maximum of KRW 45,000,000 for obligations to be borne by the Komato Savings Bank, up to KRW 45,00,000,000. The letter of credit guarantee (hereinafter “instant letter of credit guarantee”) was signed on February 28, 2011. The letter of credit guarantee in the instant case was accompanied by a certificate of personal seal impression attached to B’s name and seal imprint affixed to B, and B was directly issued on January 26, 2011.
C. Meanwhile, on June 25, 1997, the Defendant received the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on each of the instant real estate from B, the owner of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”), on June 21, 2010, on which the provisional registration of the right to claim ownership transfer was completed on the basis of the pre-sale agreement as of June 25, 1997, and thereafter the registration of ownership transfer was completed on January 17, 2014 (hereinafter “the instant registration”).
On August 31, 2012, the Komato Savings Bank was declared bankrupt by Suwon District Court 2012Hahap23, and the plaintiff was appointed as the trustee in bankruptcy of the Komato Savings Bank on the same day.
E. As of June 5, 2013, the Plaintiff’s credit amount based on the instant credit transaction agreement is KRW 43,136,737,31.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including branch numbers, if any) and the purport of the whole pleadings
2. The argument and judgment.