beta
Text
1. As to real estate listed in the annex 1 list:
A. Sales reservations entered into on October 30, 2014 between Defendant C and Defendant E.
Reasons
1. Facts of recognition;
A. On August 14, 2012, the Plaintiff: (a) lent KRW 1,200,000,000 to Defendant D on a yearly rate of KRW 7% per annum; and (b) on August 14, 2016, the expiration date.
The F and G jointly and severally guaranteed the Defendant D’s repayment of the above loan loan (hereinafter “the loan”). As to the real estate listed in the [Attachment 2] list owned by F, F, the establishment registration of the mortgage (hereinafter “the instant mortgage”) against Defendant D, Defendant D, and the mortgagee, was completed on August 9, 2012 on the ground of the contract establishing a maximum debt amount of KRW 1,560,000,000,000, and the amount of KRW 130,000,000,000,000.
B. The registration of ownership transfer was completed on November 9, 2012 due to the sale and purchase on November 6, 2012, H Co., Ltd. under the Cheongju District Court Decision 2014Gahap1089 decided Apr. 23, 2015, and the registration of ownership transfer was revoked on April 23, 2015, and the registration of ownership transfer was completed on April 23, 2015 on April 23, 2015.
At that time, the loan amount of this case against the Plaintiff of Defendant D remains at KRW 1,200,000 as principal and interest KRW 643,262,265. However, on April 23, 2015, the Plaintiff received only the principal amount of KRW 1,200,000 from F, and on the same day revoked the registration of creation of the instant collateral security.
C. Meanwhile, on October 30, 2014, Defendant E entered into a contract with Defendant C on the purchase and sale of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) which is the only real estate between his/her spouse and his/her will (hereinafter “instant purchase and sale promise”), as a collateral guarantor for the instant loan debt (hereinafter “instant provisional registration”), and as a result, on October 31, 2014, Defendant E completed the provisional registration of the right to claim transfer of ownership (hereinafter “instant provisional registration”).
[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the result of this court's inquiry inquiry of loyalty viewing.