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(영문) 서울서부지방법원 2017.05.11 2015가단237864

가등기에 기한 본등기 등 청구

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1. On December 12, 2005, the Defendants: Daejeon District Court Head of the Port Office of the Daejeon District Court with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 24, 2005, the Plaintiff: (a) determined and lent KRW 40,000,00 to the network H (hereinafter “the deceased”) at 5.5% (payment on May 22, 2006, changed to 30% per annum) per annum; (b) agreed to lose the benefit of time in the event of delay in payment of interest at least five times (hereinafter “instant loan for consumption”); (c) real estate listed in the separate list owned by the Deceased on the same day (hereinafter “instant real estate”); and (d) 17,455m2 (hereinafter “I forest”); and (e) promised to purchase and sell the real estate as indicated in the separate list owned by the Deceased on the same day (hereinafter “instant real estate”); and (e) the time when the right to complete completion was exercised as of April 23, 2006; and (e) promised to sell and purchase at 540,00 won (hereinafter “sale”).

On the other hand, at the time of the loan contract of this case, Defendant C guaranteed the deceased’s obligation.

B. The Plaintiff, on December 7, 2005, lent KRW 25,000,000 to the Deceased and Defendant C, and KRW 10,000,000 on December 8, 2005, as interest rate of KRW 30% per annum.

(hereinafter referred to as “additional loan”) . (c) the above loans.

On December 12, 2005, the Deceased completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) based on each of the instant trade reservations with respect to the instant real estate and I forest land by the head of the Daejeon District Court and the head of the Daejeon District Court registry office received on December 12, 2005.

On May 22, 2006, the Plaintiff, the Deceased, and the Defendant C: (a) determined the interest rate on each of the above obligations as 30% per annum with respect to the obligations under the loan agreement of this case; (b) paid interest on a monthly basis; (c) lost the benefit of time if delayed payment for not less than five months; and (d) drafted and notarized the “written confirmation of fact” with the effect that the provisional registration of this case and the establishment registration of each of the following rootal forests are completed regarding the instant real estate and I forest land in order to secure each of the above obligations (hereinafter “written confirmation of fact”).

E. The Deceased on August 6, 2006