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(영문) 광주지방법원 2013.11.14 2011나13681
가등기말소
Text

1.The judgment of the first instance court, including any claims added in the trial, shall be modified as follows:

Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff’s loan claims against B Co., Ltd. (hereinafter “B”) concluded a credit transaction agreement with B, which set forth as KRW 400,000,000 on September 29, 200, which set forth as loans for small and medium enterprise facilities of the account, (400,000,000,000,000 in the amount of credit transaction on October 22, 2009, which set as loans for small and medium enterprise facilities of the account, (90,000,000 in the amount of credit transaction, and (170,000,000,000 in the account’s loan for small and medium enterprise of the account on October 29, 209.

Under the above credit transaction agreement, the Plaintiff loaned to B KRW 400,000,000 with the funds for purchasing the gas station site on September 29, 2009, and KRW 650,000,000 with the funds for constructing the gas station building on October 22, 2009, and KRW 70,000,000 with the same funds on November 2, 2009, and KRW 80,000,000 with the funds on November 9, 2009, and KRW 110,000,000 with the funds on October 29, 2009.

The sum of the principal and interest of the Plaintiff’s above loan to B was KRW 1,310,00,000 on February 8, 2010, and as of May 27, 2013, it was KRW 1,640,273,977 on May 27, 2013.

B. On February 8, 2010, legal relationship B with the Defendant as to each real estate listed in the separate sheet signed a pre-sale and sales contract with respect to the land listed in No. 1 of the separate sheet (hereinafter “instant land”) and the building listed in No. 2 of the separate sheet (hereinafter “instant building”), which was constructed on the ground (hereinafter “instant pre-sale and sales contract”), and the Defendant completed the registration of the right to claim transfer of ownership as of February 8, 2010 as to the instant land as the receipt of the case No. 3077 on February 8, 2010.

On October 14, 2010, the Defendant completed the registration of ownership transfer under the name of the Defendant based on the provisional registration under the above provisional registration No. 23647 with respect to the above land by the same registry office.

On the other hand, on September 29, 2009, the Plaintiff completed the registration of the establishment of the first priority class of the debtor B, the maximum debt amount of 1,800,000,000 with respect to the instant land.

The building of this case.

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