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(영문) 청주지방법원 2014.12.10 2013가단159684
가등기말소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On May 9, 2013, at the commission of the Defendant’s agent C and D, a notarial deed of a debt repayment contract (hereinafter “notarial deed of this case”) with the content that D, on May 9, 2013, a notary public borrowed from the Defendant on May 9, 2013, added an annual interest of KRW 100 million at the rate of 30% (30%) to be paid on August 9, 2013.

B. On May 10, 2013, the Defendant: (a) completed the provisional registration of the right to claim ownership transfer on the ground of trade reservation on the same day with respect to each of the instant real estate owned by the Plaintiff (hereinafter “instant provisional registration”); and (b) on July 28, 2014, each of the instant real estate on the ground of trade reservation completion on August 1, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-2, 4, 5, 7, Gap evidence 10-1 through 4, Eul evidence 1-1, and the purport of the whole pleadings

2. The assertion and judgment

A. On July 1, 2013, the Plaintiff: (a) delegated the right to lease each of the instant real estate to D; (b) agreed that D shall pay the Defendant with the deposit, etc. received from the lessee, etc. and cancel each of the instant provisional registrations. Accordingly, D shall only lease each of the instant real estate from July 1, 2013 to October 2013, and received the total amount of KRW 119,500,000,000,000 from the Defendant, and escape with the remainder of KRW 84,50,000,000,000,000,000.) However, in substance, D shall be deemed to have the right to receive the deposit by granting the right to lease money and provisional registration from the Defendant; and (c) D shall also have the effect of receiving the deposit from the Defendant, and even if D does not have the right to receive the deposit, it shall have the right to obtain the repayment and provisional registration.

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