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(영문) 광주지방법원해남지원 2016.04.21 2015가단21346
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. On October 8, 2014 and January 7, 2015, Defendant B completed the registration of creation of a neighboring mortgage on the land listed in paragraph (1) of the attached Table, which he/she owned (hereinafter “instant land”) in order to secure the obligation to refund borrowed money borrowed from Defendant C, as well as the land listed in paragraph (1) of the attached Table, which he/she owned (hereinafter “instant land”).

(A) Evidence No. 1 1.b.

D On February 16, 2015, a contract was concluded with the Plaintiff to sell each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) at KRW 135,00,000 (hereinafter “the first sales contract”).

D The name of Defendant B, which is indicated in the seller column of the contract, stated in the name of Defendant B as “A” and signed and sealed the contract, and the buildings listed in Section 2 of the attached Table No. 2 (hereinafter “instant building”) in which the state of not being registered was not indicated in the contract.

(A) evidence of heading 4.c.

Upon entering into the first sale contract, Plaintiff and D agreed to substitute for payment of KRW 20,000,000,000 out of the purchase price to the deposit account under Defendant B’s name on February 14, 2015. The Plaintiff wired KRW 30,000,000 out of the intermediate payment of KRW 40,000,000 to the Defendant’s deposit account on March 31, 2015, and the remainder of KRW 10,00,000 to the Defendant’s deposit account on April 5, 2015.

(A) No. 5-1, 2) d.

Defendant B completed registration of initial ownership of the instant building on April 23, 2015.

(A) No. 1-2). (e)

On July 13, 2015, Defendant B terminated the registration of ownership transfer based on the sale on the same day to Defendant C with respect to each of the instant real estate after cancelling all of the right to collateral security and superficies on the instant land.

(A) No. 1-2). (f) On July 23, 2015, Defendant C set up a right to collateral security, which is the maximum debt amount of 60,000,000 with respect to each of the instant real property, with respect to all of the instant real property to the National Agricultural Cooperative.

[Grounds for recognition] Unsatisfy, each entry of Gap evidence 1 and 6 (including each number), and the purport of the whole pleadings

2. The plaintiff.

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