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1. The Defendant (Counterclaim Plaintiff) has the Suwon District Court regarding the real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. The Plaintiff is the owner of the real estate listed in the attached list (hereinafter “instant real estate”). The Defendant’s Intervenor is a credit service provider that completed the registration of credit business on December 9, 2004, and the Defendant’s Intervenor completed the provisional registration of the right to claim transfer of ownership (hereinafter “the instant provisional registration”) on June 30, 2006 on the instant real estate on the ground of trade reservation on June 30, 2006, and the Defendant completed the registration of transfer of the said provisional registration on August 27, 2013.
B. On June 30, 2006, the Plaintiff’s Intervenor, who is the Plaintiff’s Intervenor, visited E, and borrowed KRW 40 million from credit service chain operated by the Defendant’s Intervenor, made a loan agreement under the Plaintiff’s name, and delivered a promissory note with face value of KRW 60 million to the said Intervenor. On the same day, the Plaintiff’s Intervenor entered into a purchase contract under the Plaintiff’s name as of September 30, 2006 and completed the instant provisional registration to the Defendant’s Intervenor on September 30, 2006, and completed the instant provisional registration. Then, the Plaintiff’s Intervenor visited E again on December 13, 2006, signed a loan agreement under the Plaintiff’s name to borrow KRW 20 million and a promissory note with face value of KRW 30 million with interest on February 5, 200.
(1) (2) The loan of this case is referred to as "the loan of this case" in common as the loan contract of 40 million won, 20 million won, 60 million won in total, and interest thereon, and hereinafter referred to as "the loan of this case").
C. The Defendant, on August 28, 2013, lent KRW 40 million to F, and transferred the instant loan claim secured by the provisional registration of this case from the Defendant’s Intervenor, and received the transfer registration of the provisional registration of this case on the same day.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, 15 to 17, 21 to 23 (including attachment of provisional number).