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(영문) 대구지방법원 2016.08.25 2015가합205554
소유권말소등기
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 11, 2002, the Plaintiff was awarded a voluntary auction and completed the registration of ownership transfer on the same day by combining it with the land allotted by the authorities in recompense for development outlay (hereinafter “the instant real estate”) and the Class 2 neighborhood living facilities of the second floor of the ground reinforced concrete structure and the Class 1 neighborhood living facilities of its affiliated building structure (hereinafter “the instant real estate”) on the same day.

B. On January 1, 2006, the Plaintiff leased the instant real estate to E, and E was engaged in gas station business in the instant real estate.

C. Meanwhile, in order to secure the loan of KRW 1 billion from the National Agricultural Cooperative Federation (hereinafter “CF”), the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) on June 24, 2008, which was the maximum debt amount of KRW 1,212,00,000,000 with respect to the instant real estate, and the registration of the creation of the right to collateral security (hereinafter “the right to collateral security”) on June 24, 2008, which was the Plaintiff, the NAF (hereinafter “F”) with respect to the instant real estate, to secure the credit guarantee liability for the loan of KRW 300,000,000,000 with respect to the instant real estate borrowed from the Daegu Bank (hereinafter “CF”), and completed the registration of the creation of the right to collateral security (hereinafter “the right to collateral security”).

On July 2009, the Plaintiff traded the instant real estate in KRW 1.6 billion between the Defendant and the Defendant, who became aware of in the course of the introduction of Skman E, but the intermediate payment of KRW 1.3 billion was promoted to enter into a sales contract on the condition that the Defendant takes over the secured obligation of KRW 1.3 billion, which was the instant first and second collateral collateral mortgage established on the instant real estate. However, the Nonghyup, the creditor of the first collateral collateral security, consented to the Defendant’s acceptance of the obligation, but the Credit Guarantee Fund, the creditor of the second collateral collateral security, was the Defendant taking over the obligation.

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