beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 25, 2014, C drafted, on September 25, 2014, the notarial deed of a monetary loan contract with the purport that C borrowed KRW 50,000,000 from the Plaintiff at interest rate of 20% per annum and on September 5, 2015 (hereinafter “notarial deed of a monetary loan contract”), and on January 25, 2015, the notarial deed of a promissory note with a maturity of 50,000,000, face value of 50,000,000, the payee, the Plaintiff, and the date of issuance (hereinafter “notarial deed of this case”).
B. On November 17, 2014, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), C filed a provisional registration of ownership transfer claim (hereinafter “instant provisional registration”) with the Defendant, the mother, on November 17, 2014, on the ground of a pre-sale agreement (hereinafter “instant pre-sale agreement”) made on November 6, 2014 by the Suwon District Court, Sung-nam Branch Branch Office, Sung-nam Branch Office, Gwangju Branch Office (hereinafter “instant pre-sale”), and on April 3, 2015, the registration of ownership transfer (hereinafter “instant pre-sale registration”) was completed on April 2, 2015, based on the ownership transfer registration (hereinafter “instant pre-sale agreement”).
C. On October 14, 2016, C deposited KRW 50,000,00 with the Defendant as the principal deposit in Suwon District Court, Sung-nam Branch, 2016, which deposited KRW 3584,00,000. The Plaintiff reserved the objection and paid the said deposit.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 3, Eul's evidence 22 (including the number of pages), the purport of whole pleadings
2. The parties' assertion and judgment
A. The summary of the parties’ assertion 1 C bears the Plaintiff’s obligation of KRW 100,00,000,000. However, with respect to the instant real estate, the Plaintiff’s mother, who was the sole property, completed the instant provisional registration on the ground of the instant trade reservation, and completed the instant registration of ownership transfer on the ground of the instant sales contract.