가등기말소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Judgment of the first instance.
The reasons for the judgment of the court of first instance shall be cited (the main text of Article 420 of the Civil Procedure Act), and the following are attached.
The Defendant asserts that, from around 2001 to around 2011, the transaction of lending business funds to C and receiving repayment of business funds continue to exist, and that the remaining claims around around 2012 include approximately KRW 30,000 as the secured debt of the provisional registration of this case.
However, it is doubtful whether the documents submitted by the Defendant, such as B 11 and 12, are all the transaction data of I, not the documents of the Defendant’s own transaction data, but the number, method, amount, etc. of the transaction and whether the transaction is for lending and its repayment
It is difficult to recognize the defendant's assertion that there are loan claims, such as the loan certificate, even though the defendant did not prepare all the bond documents, and even because it is not clear that the balance of the loan has been created, the remaining claims have been assessed as collateral.
In addition, the defendant asserts that C had paid KRW 20,000,000 from G on March 12, 2003, and C had not repaid until the provisional registration was made, which included C as a collateral obligation of provisional registration.
However, according to B 13, it was not submitted at all the material that the delivery of money from G is not the defendant, but C was repaid on behalf of C's debt.
In other words, the defendant asserts that D's claim against D is accepted by the defendant as a result of the family conference and included D's claim as a collateral obligation for provisional registration.
As seen so, B 10 (C’s factual confirmation) did not believe in light of the status of C, and otherwise did not submit any circumstance or material to deem D’s claim to have been substantially reverted to the Defendant.
The plaintiff's claim shall be accepted, and the decision of the first instance court with the same conclusion is just, and the defendant's appeal is dismissed.