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(영문) 서울중앙지방법원 2017.01.24 2016가합560761

소유권이전등기말소청구의 소

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1. The Defendants are paid KRW 190,000,000 each by the Plaintiff, and at the same time, indicated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. Relevant parties 1) The Plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) From June 2007 to June 201, D was the head of the Plaintiff’s association, the Defendant C was the Plaintiff’s director, and the Defendant B was the wife of D.

B. (1) Defendant C and E (Defendant C’s wife) lent a total of KRW 190 million to the Plaintiff as follows. (A) Defendant C deposited KRW 30 million in the Plaintiff’s foreign exchange bank account on August 12, 2008 and KRW 20 million on June 4, 2009, respectively.

B) On February 20, 2009, E deposited KRW 40 million in the Plaintiff’s foreign exchange bank account two times, and KRW 50 million in total. (c) On June 10, 2009, the amount of KRW 65 million with respect to the Plaintiff’s share in Seongbuk-gu Seoul and land was established under the name of Defendant C, the collective security right under the name of Defendant C and the collective security right under the name of E was established. (d) Defendant C deposited the Plaintiff’s foreign exchange bank account on October 1, 2009, KRW 7 million with the Plaintiff’s foreign exchange bank account on December 7, 2009; Defendant C deposited KRW 90 million with each of the Plaintiff’s loan accounts on March 15, 2010, and Defendant C deposited KRW 70 million with the Plaintiff’s agricultural bank account on March 15, 2010, and Defendant C deposited KRW 93 million with each of the Plaintiff’s loan accounts on KRW 290 million with the Plaintiff’s respective account.

B) As to the Plaintiff’s share of the said F and G land, the right to collateral security was established in the name of D on June 10, 2009, the maximum debt amount of KRW 273 million.

C. The Plaintiff entered into the instant sales contract and completed transfer of ownership registration 1) Article 48(3) of the Act on the Maintenance and Improvement of Urban Areas and the Plaintiff’s articles of incorporation (hereinafter “instant articles of incorporation”).

) The real estate listed in the annexed list (hereinafter referred to as “the real estate in reserved land”) shall be either the reserved land or the reservation facility under Article 52.