(영문) 창원지방법원 2015.08.12 2014가단24788

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(영문) 창원지방법원 2015.08.12 2014가단24788

가등기말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, on December 19, 2013, lent KRW 20 million to C (hereinafter “first loan”) and received the third priority collective security right regarding each of the instant land owned C as of December 19, 2013 for the purpose of securing payment security.

B. On December 24, 2013, the Defendant additionally lent KRW 10 million to C (hereinafter “second loan”) and received the fourth priority right set up on December 30, 2013 with respect to each of the instant land as the maximum debt amount of KRW 15 million, the debtor C, and the mortgagee B, for the purpose of securing payment security.

C. On February 24, 2014, the Defendant is “third-party loan not exceeding KRW 10 million” to C.

(D) On the same day, the instant provisional registration was filed on the grounds of the pre-sale agreement made on February 24, 2014 with respect to each of the instant lands. Meanwhile, on the other hand, the Plaintiff completed the registration of transfer of ownership on June 12, 2014 with respect to each of the instant lands on the grounds of division of property on June 11, 2014. [Grounds for recognition] The Plaintiff did not dispute any dispute, and each of the entries in Gap evidence 1 through 5, and Eul evidence 1 through 2 (each number number is included, and the purport of the entire pleadings is included.

2. Determination as to the cause of action

A. The provisional registration of this case asserted by the Plaintiff is null and void as it has been made on the ground of a pre-sale agreement entered into by a false conspiracy in order to avoid seizure and compulsory execution due to C’s default of national taxes.

B. The provisional registration of the Defendant’s assertion is a provisional registration of security established to secure the payment of the loan when the Defendant lent the third loan, and thus, it is not a false declaration of agreement.

C. According to the evidence Nos. 1, 4, and 5, Article 1 of the Trade Pre-Contract prepared at the time of filing a provisional registration of this case, “C” stipulates that the Defendant shall sell each of the lands of this case at the price of KRW 95 million, and the Defendant shall do so.

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