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(영문) 전주지방법원 2016.04.12 2015가단17878
가등기말소
Text

1. The defendant is the Jeonju District Court with respect to the real estate No. 2 among each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On July 30, 2001, C, the husband of the Plaintiff, made a provisional registration of the right to claim the transfer of ownership under the name of the Defendant (hereinafter “instant provisional registration”) on the ground of a pre-sale promise made on July 27, 2001 by the previous District Court No. 7882, which received on the same day from the previous District Court’s Janan District Court’s Jan District Court’s receipt of each of the instant real estate (hereinafter “each of the instant real estate”). On June 16, 2006, C, which was the husband of the Plaintiff, trusted the real estate No. 2 in the form of donation.

B. Around February 1, 2002, both C and their mothers and siblings jointly and severally borrowed KRW 100 million from the Defendant at the maturity of December 3, 2002 and interest rate of KRW 550,000 per annum (6.6% per annum). The provisional registration of this case on each real estate of this case was intended to be used as a provisional registration for security, and around August 16, 2005, the Defendant and the Defendant agreed to settle the borrowed amount at KRW 110 million and repay it by October 2006.

C. On June 24, 2008, the Defendant executed the provisional registration of this case, which was established on the real estate No. 1 among the pertinent real estate on July 1, 2008, and started the voluntary auction procedure to D with the Jeonju District Court on July 1, 2008. At the time, the Defendant at the time reported the right by using the claimed amount as KRW 161,000,000 (=a loan of KRW 100,000,000 on February 1, 2002, a loan of KRW 50,000,000 on June 30, 2002, and KRW 10,000,000 on August 16, 2005). At the above auction procedure, the real estate No. 1 was appraised as KRW 153,258,00

C and the Defendant, around February 12, 2009, withdrawn the application for auction of this case and completed the registration of ownership transfer as to the real estate No. 1 under the name of the Defendant. On February 12, 2009, C and the Defendant promised to return the above loan principal, court expenses, and tax expenses to C if paid to the Defendant (hereinafter “instant undertaking”).

E. The defendant withdrawn the application for auction of this case on February 13, 2009 to implement the agreement of this case, and the plaintiff received the above Jinan registry as to the real estate No. 1 on February 18, 2009.

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