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(영문) 춘천지방법원강릉지원 2015.11.24 2015가합5265
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person engaged in the construction business while operating the corporation E, and the defendant C is a person who served as the president of the F Saemaul Bank. The defendant B is a deceptive act of the defendant C, and the defendant D is a member of the defendant C.

B. On September 28, 2012, G divided H large 870.8 square meters into the real estate indicated in the attached Table No. 1 (hereinafter “instant site”) and the real estate indicated in the attached Table No. 435.4 square meters and the attached Table No. 1 (hereinafter “the instant land”). On the same day, as to the instant land No. 1 on September 18, 2012, G completed the registration of ownership transfer (hereinafter “the instant registration of ownership No. 1”) in Defendant B (hereinafter “instant registration”) on the ground of the instant land No. 10501, Samcheon District Court Receipt No. 10501, Samcheon District Court No. 10501, Mar. 18, 2012; and as to H large 435.4 square meters at the time of Samcheon-gu, the Plaintiff’

C. Defendant B obtained a loan of KRW 290,00,00 from the F Saemaul Bank on September 28, 2012, and paid KRW 67,350,000 out of the above loan to the Plaintiff on the same day. Of the above loan, KRW 222,50,000 out of the above loan was paid to G as the purchase price for the instant first site. In order to secure the above loan obligation, Defendant B set up a collateral security right to the instant first site with the maximum debt amount of KRW 377,00,000, Defendant B and the mortgagee as the F Saemaul Bank.

Meanwhile, Defendant C paid the Plaintiff KRW 249,000,000 on September 7, 2012, and KRW 150,000,000 on January 23, 2013, and KRW 240,000,00 on June 24, 2013. Defendant B paid the Plaintiff KRW 120,000,000 on October 11, 2012, and KRW 10,000,000 on November 7, 2012, and KRW 60,000,000 on November 30, 2012, and KRW 70,000 on December 24, 200,000 on August 10, 201,

E. On October 25, 2012, J divided K gas station site of 1,404 square meters into K site, L site, M site, and real estate listed in paragraph (3) of attached Table 3 (hereinafter “instant site”). On October 29, 2012, with respect to the instant secondary site of this case, on October 29, 2012, the Samcheon District Court receipt of Samcheon District Court 11618 and October 18, 2012.

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