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1. The Defendants shall pay KRW 30 million to each of the Plaintiff at the rate of KRW 15 percent per annum from December 7, 2017 to the date of full payment.
Reasons
1. Basic facts
A. From May 201 to October 201, 201, the Plaintiff lent a total of KRW 8450,500,000 to Defendant B several times, and Defendant B, on October 12, 2011, completed the registration of the right to claim ownership transfer under the name of the Plaintiff as to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned D for the purpose of securing the obligation to repay borrowed money to the Plaintiff.
(hereinafter “Provisional Registration of this case”). At the time, the said real estate was set up a collateral of KRW 910 million with the maximum debt amount of KRW 910 million (the actual debt amount: KRW 70 million) in the future of the Incheon Fisheries Cooperatives.
B. When Defendant B instructed the Plaintiff to pay the repayment around November 2013, Defendant B proposed that “The Plaintiff would change a financial institution to a national bank due to the high interest rate on the instant real estate security loan. However, the Plaintiff would not obtain a loan due to the lack of credit, thereby completing the registration of ownership transfer under Defendant C’s name. Upon receipt of the loan, Defendant B would repay the previous secured loan and partially repay the loan to the Plaintiff,” and obtained the Plaintiff’s consent.
C. On November 21, 2013, Defendant B completed the additional registration from the Plaintiff to transfer the provisional registration under the name of Defendant C with respect to the instant real estate. On January 15, 2014, Defendant B completed the registration of ownership transfer under the name of Defendant C on the basis of the said provisional registration.
At the time, Defendant C permitted Defendant B, her husband, to use the name of the ownership transfer of the instant real estate, and left his seal imprint and his identification card.
As to the instant real estate on February 12, 2014, Defendant B created a collateral of KRW 840 million with the maximum debt amount in the future of the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), with Defendant C as the debtor, and revoked the registration of creation of a neighboring mortgage against the Incheon Fisheries Cooperatives on April 1, 2014.
However, the Plaintiff did not repay the borrowed money.
At this time, the defendant C is present directly at the National Bank and is related to loans.