소유권이전등기이행 등
1. The plaintiff's primary and preliminary claims against the defendant B are dismissed, respectively.
2. The Defendants are jointly and severally liable.
1. Basic facts
A. On November 19, 1997, the Plaintiff’s loan of KRW 140 million against Defendant B was due for two years (hereinafter “the first due date”) between Defendant C, the agent of Defendant B, and the Plaintiff’s repayment period of KRW 140 million against Defendant B (hereinafter “the first due date”).
(2) In the event that Defendant B fails to pay the principal and interest of the loan, the agreement on the transfer of ownership of the instant real estate to the Plaintiff (hereinafter “the first agreement”) is concluded.
The Plaintiff concluded a contract. Accordingly, on November 1997, the Plaintiff lent the instant real estate to Defendant B with interest rate of KRW 135 million on December 19, 1997. On November 29, 1997, the Plaintiff lent the instant real estate without interest rate of KRW 5 million, and on November 21, 1997, on November 21, 1997, the Plaintiff completed the registration of creation of a collateral with the Defendant B and the maximum debt amount of KRW 200 million on November 19, 1997. In addition, on November 19, 1997, the Plaintiff sold the instant real estate to the Plaintiff, and the payment period of KRW 5 million on November 19, 199, the Plaintiff prepared a sales contract with the content that the remainder of the purchase price shall be KRW 140 million on November 19, 199, and received a certificate of KRW 1500,000,000 from Defendant C as the debtor on November 1319, 1997.
3) Defendant B failed to repay the above loan repayment until the initial repayment period reaches the original repayment period, and Defendant C’s agent on April 1, 200, stating that “When the sale and purchase of the instant real estate by November 30, 200 does not result in the purchase and sale of the instant real estate, the ownership transfer will be ensured (it will be implemented without any condition)” to the Plaintiff on April 1, 200 (hereinafter “the first performance note”).
) The arrangement was prepared and issued (hereinafter referred to as the “second arrangement”)
B. B. As the Plaintiff and the Defendants did not repay the above borrowed money even after November 30, 2000, Defendant B did not repay the above borrowed money, the Plaintiff’s exercise of the security right to the instant real estate.