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(영문) 대구지방법원 2018.12.20 2017가합204340
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 30, 2015, Defendant B Co., Ltd. (formerly: Co., Ltd.; hereinafter “Defendant Company”) completed the registration of preservation of ownership with respect to the building listed in the separate sheet (hereinafter “instant building”), and on the same day, two registration of creation of the right to collateral security (i.e., the mortgagee E, the maximum debt amount of KRW 260 million, and (ii) the maximum debt amount of KRW 390 million) made the Defendant Company as the debtor with respect to the instant building (hereinafter “instant provisional registration”). On August 4, 2015, Defendant B Co., Ltd. (hereinafter “H”), the representative director of the Defendant Company, was the representative director, and completed the provisional registration of the right to collateral security (hereinafter “instant provisional registration”).

B. On September 1, 2015, the Plaintiff leased 350 million won to I on October 31, 2015, the due date for reimbursement, 200 million won per annum, and 25% per annum of overdue interest rate. On the same day, the Plaintiff entered into a mortgage contract with the Defendant Company regarding the instant building with the maximum debt amount of KRW 420 million, and completed the registration of creation of the said mortgage (hereinafter “instant mortgage”).

C. Meanwhile, on December 8, 2015, the instant provisional registration was transferred in sequence to J on May 23, 2016 to Defendant D, and the additional registration prior to the instant provisional registration was completed, respectively. Defendant D made the principal registration based on the instant provisional registration on March 21, 2017.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 6, and the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff 1’s assertion was well aware of the fact that the provisional registration of this case was completed with false conspiracy, Defendant D conspired with the Defendant Company and implemented the procedure of this case’s provisional registration based on the provisional registration of this case after being transferred by J, the former right holder of the provisional registration, thereby cancelling the right to collateral security in the name of the Plaintiff, which is junior junior.

Therefore, it is true.

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