소유권이전등기
1. The defendant shall receive KRW 100 million from the plaintiff at the same time, and each real estate listed in the attached Table shall be stated in the plaintiff.
1. Basic facts
A. On December 28, 2009, Defendant C established a farming association corporation E on the basis of the real estate listed in the attached list (hereinafter “instant real estate,” and at the time, the owner on the registration ledger was D) and Defendant C borrowed KRW 120 million from the Seoi Agricultural Cooperative in the above name D and KRW 90 million from F in order to operate the said association corporation.
B. As to the instant real estate on April 16, 2010, Defendant C created each right to collateral security of KRW 156,000,000, the maximum debt amount, and KRW 130,000 on April 21, 2010, with respect to the instant real estate.
C. However, Defendant C was unable to pay interest on the debt of the collateral security loan of the said Western Agricultural Co., Ltd., which received a voluntary decision of commencement of auction on May 9, 201, and Defendant B, the said F’s deny in the above auction procedure, purchased the instant real estate at KRW 163 million and completed the registration of transfer of ownership on the same day.
On the other hand, as to the instant real estate on the same day, Defendant B completed the registration of creation of a mortgage with the content of KRW 169,000,000 for the maximum debt amount of the instant real estate as well as the registration of creation of a mortgage against Defendant B
(hereinafter “instant collateral security”). D.
On the other hand, on March 5, 2012, F sold the instant real estate to Defendant C at a stand for acquisition tax, transfer of ownership, etc. at KRW 163 million, but, on the other hand, KRW 130 million succeeded to the amount of KRW 130 million as the secured debt of the instant real estate, and the remainder money was determined and sold by F to Defendant C by leasing it to Defendant C.
(hereinafter referred to as "the first sale of this case". (e)
However, from March 22, 2012, Defendant C paid the interest rate on the instant collateral security from March 22, 2012, and did not pay the interest from around 2014, and the Seocho Agricultural Cooperative was the Daegu District Court around May 22, 2014.