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1. The defendant completed on May 19, 2008 by the Gwangju District Court No. 85337 regarding the real estate stated in the separate sheet to the plaintiff.
Reasons
1.The facts constituting the following facts may be acknowledged either in dispute between the parties or in full view of the entries in Gap evidence 1 to 3, Eul evidence 1 to 3, and the whole purport of the pleadings:
On May 19, 2008, the Defendant lent KRW 40,000,00 to the Plaintiff on August 19, 2008, with the maturity of repayment set forth by the Plaintiff as August 19, 200, and C, his wife, guaranteed the said obligation jointly and severally by the Plaintiff’s husband.
B. In order to secure the above loan obligation on May 19, 2008, the Defendant completed the registration of the right to claim ownership transfer on May 19, 2008 by the Gwangju District Court No. 85337, May 19, 2008, as to the real estate listed in the separate sheet owned by the Plaintiff.
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s determination of the assertion of false conspiracy of agreement is that the above lending contract is a trade name after the change of D Co., Ltd. in which the Defendant and C, who is his/her father, had worked as representative director
E. hereinafter “D”).
Since the above provisional registration is invalid as a false declaration of conspiracy, the above provisional registration should be cancelled as there is no secured debt.
On the other hand, in order to establish a false conspiracy, there is a difference between the truth and the indication of the declaration of intention and the agreement with the other party as to the inconsistency. If a third party directly signs and seals as the principal debtor or joint guarantor in loan-related documents, such as a letter of loan for consumption, etc., the third party itself indicates that he is the debtor of the loan for consumption, and the third party intended to obtain a loan under the name of the third party by avoiding the lending restriction, etc. set forth by the financial institution.
Even if the principal and interest are to be repaid at the expense of another person, barring special circumstances, this is merely an intention to vest economic effects under a loan for consumption in a third party, and the legal effect is also to vest in the third party.