정산금
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. The following facts are recognized in full view of Gap evidence No. 1, Eul evidence No. 2, and No. 3 and the purport of the entire pleadings.
On July 2, 2002, the Plaintiff borrowed money from the Defendants and set up a provisional registration of D 1447.3 square meters, which was owned by the Plaintiff as a security, in the name of the Defendants, and agreed to transfer the ownership of the said land to the Defendants as a substitute in the event that the Plaintiff did not repay the borrowed money. Accordingly, the Plaintiff issued documents necessary for this registration to the Defendants and issued a provisional registration on July 2, 2002.
The borrowed amount of which the plaintiffs are the plaintiffs shall be KRW 1,173,00,000 on July 28, 2002, and KRW 85,00,000 on September 2, 2007, and the interest rate shall be KRW 3% per month.
When the plaintiff delayed the repayment of the loan, the defendants completed the registration of ownership transfer based on the above provisional registration on November 26, 2002 by using the documents delivered as above.
2. As of November 26, 2002, the Defendants, in accordance with the Plaintiff’s Provisional Registration and Security Act, shall settle the difference between the value of land and the principal and interest on loans as of November 26, 2002, and seek payment of KRW 100 million as part of the settlement amount.
3. In light of the provisions of Articles 3 and 4 of the Provisional Registration Security Act, in a case where the principal registration based on the provisional registration for security has been made in violation of each provision, such principal registration shall be null and void, and even if such principal registration was made by a special agreement between the person holding the provisional registration and the debtor, if such special agreement is null and void because it is unfavorable to the debtor, the principal registration shall be null and void: Provided, That if the person holding the provisional registration notifies the debtor, etc. of the appraised value of the liquidation money in accordance with the procedures provided for in Articles 3 and 4 of the Provisional Registration Security Security Act, and if there is no liquidation money to pay or pay it