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(영문) 광주지방법원목포지원 2017.09.27 2016가단3421
근저당권말소 등
Text

1. Defendant B Co., Ltd. entered into an agreement on October 21, 2010 with respect to the real estate listed in attached Form 3 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 27, 200, the Plaintiff borrowed KRW 270,000,00 from Defendant C, and on April 29, 200, upon setting the grounds for registration as “contract on April 28, 200,” the obligor, the obligor, the maximum amount of debt 405,00,000,000 for the first and second real estate owned by Defendant C, respectively, and completed the registration of creation of the neighboring real estate of this case. (B) On December 2000, the Plaintiff established a corporation to operate the food production effective recycling plant in the first and second real estate of this case from Defendant C, and received a loan from the above corporation under the pretext of small and medium enterprise operating expenses, etc., and received the registration of ownership transfer from the above corporation under the name of the representative director of the Plaintiff’s loan from Defendant C, and received the registration of ownership transfer from Defendant C on July 15, 2007 as Defendant C’s acquisition of ownership transfer from the above corporation.

At that time, the Plaintiff newly built the instant 3 real estate on the ground of the instant 2 real estate, and changed the name of the owner of the instant 3 real estate to the Defendant Company.

E. Around November 2002, Defendant Company filed a lawsuit against the Plaintiff seeking to withdraw from the third real estate of this case as the Gwangju District Court Decision 2002Kadan65436, and to deliver each of the instant 1 and 2 real estate of this case. As to this, the Plaintiff asserted that the registration in the name of Defendant Company, which was completed on December 18, 2000, was invalid for the cause of loan convenience without entering into a sales contract, and sought to cancel the transfer of ownership registration.

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