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(영문) 대구지방법원 2020.09.10 2019가합201031
가등기말소
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. On September 10, 2015, the Plaintiff remitted KRW 500 million from the Plaintiff’s account to the F’s account. On the same day, F was drafted in the F’s name that the Plaintiff borrowed KRW 500 million from the Plaintiff at 25% per annum of interest and delay damages, and on March 10, 2016.

On September 10, 2015, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) with respect to each real estate listed in the separate sheet owned by F (hereinafter “each of the instant real estate”) on the same date, with the maximum debt amount of KRW 750,000,000,000 for the same day.

B. On December 11, 2015, F completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on December 11, 2015, based on the trade promise made on December 10, 2015 in Defendant B.

C. On May 16, 2016, the Plaintiff cancelled the registration of the establishment of the first neighboring mortgage on the grounds of the termination of the same date.

On June 16, 2016, the Plaintiff and F made an authentic deed of debt repayment contracts with the purport that “F approves the Plaintiff to assume the obligation of KRW 600 million against the Plaintiff, and the interest and delay damages shall be 25% per annum, and the due date shall be August 15, 2016.”

On February 24, 2017, the Plaintiff completed the registration of establishment of a mortgage (hereinafter referred to as “registration of establishment of a mortgage of the second place”) of the maximum debt amount of KRW 300 million, which was based on the agreement to establish a mortgage on the same date.

On April 13, 2017, the deceased C (hereinafter “the deceased”) completed the additional registration before provisional registration based on a transfer contract as of April 11, 2017 with respect to the instant provisional registration, and completed the principal registration of transfer of ownership based on the instant provisional registration on the ground of sale as of February 15, 2017 with respect to each of the instant real estate on the same day (hereinafter “instant principal registration”).

On April 13, 2017, the establishment registration of a neighboring mortgage was cancelled ex officio due to the registration of this case based on the provisional registration of this case.

E. Meanwhile, H, a creditor of F, on the other hand, is the F. H on the other hand.

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