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(영문) 의정부지방법원 2018.11.08 2018가단1919
가등기말소등기절차이행
Text

1. On September 25, 2017, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, the District Court Seocheon District Court’s Macheon Registry on the attached list.

Reasons

Basic Facts

A. On September 22, 2017, C borrowed KRW 10 million between D and D representing the Defendant on a monthly basis and October 27, 2017, and written a loan certificate with the content that the Plaintiff agreed to provide real estate listed in the attached list owned by the Plaintiff as security. According to the above loan certificate, C stated that “D representing the Defendant to cancel provisional registration on the date the Defendant was repaid shall confirm and sign it.”

B. On September 2, 2017, the Defendant transferred the remainder of KRW 9,100,000,000,000,000 for three months prior to the above loan amounting to KRW 10,000,00 to C’s account. In order to secure C’s obligation, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) filed with the Defendant on September 25, 2017, which was completed as of the receipt of No. 35395 (hereinafter “the provisional registration of this case”).

C. On December 4, 2017, C paid KRW 900,000 to the Defendant by phoneing “10,000,000 won, which was the 90,000 won interest for three months prior to borrowing KRW 1,82,00,00,000, but paid KRW 1,820,000,000 prior to borrowing KRW 3 months. As such, C demanded to transfer the remainder of KRW 1,82,00,000 interest accrued to the Defendant to the Defendant’s account, and the Defendant sent the documents for cancellation of provisional registration to the Defendant, and the Defendant promised with C by sending the documents for cancellation of provisional registration to the address of which C sent in writing.

On the same day C remitted KRW 9820,00 to the defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, and judgment as to the ground of claim as a whole

A. According to the above facts, the provisional registration of this case is a provisional registration of security to secure the loan amount of KRW 10 million as of September 22, 2017, as of September 22, 2017, and the above secured debt was fully repaid on December 4, 2017.

B. The Defendant is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.

Judgment on Defendant’s argument

A. The defendant shall borrow C from E to 60 million won.

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