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(영문) 대구지방법원 2014.06.13 2013가단2808
건물명도등
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 August 30, 201, the Plaintiff: (a) determined 30% of the interest rate per annum on KRW 135 million to the Defendant (hereinafter “instant loan”); (b) the end of each month of payment of interest; and (c) the due date on June 15, 2012.

On August 31, 2011, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on the real estate listed in the separate sheet (hereinafter “instant house”) on August 30, 201 due to a sales contract as of August 30, 201, in order to secure the instant loan claims.

B. At the time, the establishment registration of a neighboring mortgage (hereinafter “the creation registration of a neighboring mortgage”) with the maximum debt amount of 60 million won of the Bank of Korea (hereinafter “the creation registration of a neighboring mortgage”) and the establishment registration of a neighboring mortgage (hereinafter “the creation registration of a neighboring mortgage”) with the maximum debt amount of 18 million won was completed.

C. On February 23, 2012, the Plaintiff extended the repayment period for the instant loan to the Defendant on June 15, 2012. In the event that the interest on the instant loan is overdue on three or more occasions, the Plaintiff gave consent to the provisional registration of the instant case and transferred documents necessary for the principal registration, such as a certificate of personal seal impression.

The Plaintiff was unable to receive the instant loan by June 15, 2012.

On September 19, 2012, the Plaintiff completed the registration of ownership transfer (hereinafter “instant registration”) based on the instant provisional registration on September 20, 2012 with respect to the instant housing on behalf of the Defendant, by repaying KRW 50,426,843 and KRW 15,135,665 with respect to the secured debt of the first collateral security establishment registration and KRW 15,135,65 with respect to the second collateral security establishment registration.

On January 14, 2013, the Plaintiff deposited 8,250,000 won for the settlement money with the Defendant as the principal deposit, as the Daegu District Court Decision 201Hun-220, 2013, and filed the instant lawsuit against the Defendant on January 16, 2013.

【Recognition of Fact-finding】 The fact that there has been no dispute, and the entries and arguments of Gap evidence 1 through Gap evidence 5 are made.

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