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(영문) 수원지방법원 안양지원 2018.05.17 2016가단9078
가등기말소
Text

1. The Plaintiff (Counterclaim Defendant) shall pay 85,00,000 won to the Defendant (Counterclaim Plaintiff) and its payment from March 16, 2017.

Reasons

All principal lawsuit and counterclaims shall be deemed to be filed.

1. Facts of recognition;

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendants are the Plaintiff.

B. On December 22, 2010, a provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on December 22, 2010 under the Defendants’ name on the grounds of the pre-sale agreement for the sale of the instant real estate on the same date, with respect to each of the one-half shares under the Defendants’ name.

C. Around December 7, 2010, Defendant B deposited KRW 50,000,000 in the Plaintiff’s name bank account.

On December 8, 2010, a loan of KRW 339,850,00 has been executed by Han Bank and deposited into the Plaintiff’s above account, and KRW 200,663,945 has been paid for the purpose of repaying a loan to a new bank. Defendant B additionally deposited KRW 35,000,000 with the Plaintiff’s above account and paid KRW 220,000,000 on the same day. At the provisional registration expense, KRW 2,100,000 has been paid for the provisional registration expense, and KRW 1,00,000 has been paid for the appraisal fee.

E. On December 8, 2010, KRW 170,000, out of KRW 220,000 paid out from the Plaintiff’s account, was paid to D who was liable for corporate bonds.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 23, Eul evidence 1 to 7 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant provisional registration was made by the Defendants to complete provisional registration in the name of the Defendants on the instant real estate in order to observe the Plaintiff’s property, and the Plaintiff consented thereto, and thus, is null and void as a false declaration of conspiracy. Even if the instant provisional registration was completed as a security title for the loan, as alleged by the Defendants, the obligation is actually a debt of KRW 401,675,000, which the Plaintiff deposited in the name of E, the wife.

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