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(영문) 창원지방법원진주지원 2016.01.26 2015가단7950
소유권이전등기말소등기
Text

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

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

Reasons

1. Facts of recognition;

A. On May 29, 2003, Defendant C agreed from the Plaintiff that the Plaintiff shall accept the project site, the construction part of the G, the construction site, and superficies, etc. 50,000 which are newly constructed on the land of the Nam-gun, Southern-gun, and the Southern-gun (hereinafter “instant loan”) from the Plaintiff, and that the Plaintiff shall pay the said amount to H and I, which was the representative director of the Plaintiff at the time of the said payment.

B. On June 12, 2003, the Plaintiff prepared a notarial deed of debt repayment contract (Quasi-Loan for Consumption) contract in 2003 prepared by Han-do Law Firm (hereinafter “this case’s notarial deed”) with a notary public to the effect that I and H as joint creditors will repay 530,000,000 won to them three times, and Defendant C provided joint and several sureties for the above obligation.

C. However, as Defendant C was unable to complete the new construction of the instant loan due to its financial problem, on January 16, 2009, the Defendant C agreed to transfer all the project site and the buildings not completed, including the entry site of the instant loan access road, to J on May 29, 2009, and the rights of Defendant C under the contract signed on May 29, 2005 to J Co. (hereinafter “instant transfer agreement”).

At that time, J's representative director at K is currently the plaintiff's representative director. D.

The real estate of this case was purchased from Nonparty L on July 25, 2003 by Defendant C, and completed the registration of ownership transfer. Upon request from I, 2009

5. On December 18, 2009, the Changwon District Court rendered a judgment of compulsory commencement of auction by Jinwon District Court M, and Defendant B completed the registration of ownership transfer on January 7, 2010 on the ground of sale by compulsory auction on December 14, 2009 (hereinafter “instant registration of ownership transfer”).

E. Meanwhile, on the basis of the instant notarial deed against the Plaintiff, I applied for a compulsory auction against the Plaintiff for two parcels outside D & D owned by the Plaintiff and the instant loan on its ground. On November 27, 2013, this Court No. 2013Ga1429 decided November 27, 2013.

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