logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.04.05 2017나306608
가등기말소
Text

1. Revocation of the first instance judgment.

2. The Defendants’ real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that promoted an apartment redevelopment project on the land in the Daegu Suwon-gu E in 2006, and is the owner of the real estate listed in the attached list (hereinafter “instant real estate”). The Defendants were transferred the provisional registration of the right to claim transfer of ownership as stated in the attached list No. 2 from D on August 22, 2007 (hereinafter “instant provisional registration”).

B. On January 26, 2006, the Plaintiff, the Defendants, and D respectively remitted and lent KRW 1.5 billion to D’s account, and KRW 2.5 billion on the 27th of the same month. Around that time, the Plaintiff and the Defendants drafted a loan certificate on January 27, 2006, stating that “The Plaintiff, the Defendants, D, the borrower, F, the joint and several surety, the due date for payment of KRW 2 billion, and May 15, 2006.”

SheD received from the Defendants the aforementioned (i) KRW 2 billion (1.5 billion KRW) as stated in the said paragraph from the Defendants, immediately remitted the money to the Plaintiff’s account and lent it, and she completed the registration of the right to claim transfer of ownership on the 20 real estate owned by the Plaintiff for the purpose of securing its repayment.

In addition, on January 26, 2006, between D and the Plaintiff, and F, an authentic deed of debt repayment contract between D and F stating that “the Plaintiff approves that the obligation owed to D is KRW 1.4 billion, shall be repaid not later than May 15, 2006, and F shall jointly and severally guarantee the said obligation.”

Secondly, from April 7, 2006 to April 18, 2006, the Defendants wired and lent KRW 1 billion in addition to D’s account, and around that time, the Defendants drafted a loan certificate on April 5, 2006, stating that “the creditors, Defendants D, the borrower, the Plaintiff, F, G, the joint and several sureties, the amount of KRW 1 billion in total, and the due date for payment.”

xD, upon receipt of a transfer of KRW 1 billion stated in the above paragraph from the Defendants, immediately remitted it to the Plaintiff’s account, and completed the provisional registration of the instant real estate owned by the Plaintiff on April 10, 2006, in order to secure its repayment on April 7, 2006.

In addition, April 5, 2006, D, plaintiffs, G, F.

arrow