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(영문) 창원지방법원 2018.11.29 2018나53761

소유권말소등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a loan transaction agreement with B to apply the basic terms and conditions of an agricultural cooperative credit transaction, and lent the loan to B under each of the following conditions:

(1) Loans made on February 29, 2016 (hereinafter “the first loan”): The repayment method of KRW 40,000,000: The rate of equal interest rate of KRW 40,000: 6.15% per annum for the repayment of principal and interest (the deposit rate of KRW 30,00: 18% per annum for the last repayment date: February 28, 2026 (2) for the loans made on July 22, 2016 (hereinafter “second loan”): 10,00,000: The repayment method of KRW 4.3% per annum (payment on July 22, 2019): the rate of lump-sum repayment agreement / overdue interest rate of KRW 4.3% per annum (payment on July 22): 18% per annum: July 22, 2019.

B Since lending each of the above amounts, since November 30, 2016, the principal and interest for the first loan was not paid, and the second loan was not paid from December 22, 2017, and the interest was lost under Article 7 of the Framework Act on Credit Transactions.

C. B entered into a contract to sell each real estate listed in the separate sheet to the Defendant, his/her mother on October 4, 2016 (hereinafter “instant sales contract”); and on October 10, 2016, the registration of the transfer of ownership in the name of the Defendant based on the sales contract as of October 4, 2016, under the title of the Changwon District Court No. 34852, Oct. 10, 2016.

(hereinafter referred to as “instant transfer registration”) D.

At the time of the instant sales contract, the market price of each of the above real estate is equivalent to KRW 36,100,000, and each of the above real estate was completed on July 22, 2016 by the Changwon District Court No. 26446, the registration of creation of a mortgage for the Plaintiff of the said real estate and the maximum debt amount of KRW 12,00,000, and around that time, B did not have any other property than the above real estate.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the fact that the instant sales contract was concluded on October 4, 2016, the first loan claims and the second loan claims incurred before October 4, 2016.