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(영문) 대전지방법원 2017.03.23 2015가단12885
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As to the instant land, the following registration was completed:

- The registration of transfer of ownership by the Plaintiff on July 23, 1996 - the registration of the establishment of the right to collateral security by the debtor F, the maximum debt amount of 100,000,000, the Daejeon Central Credit Union (hereinafter referred to as the " Daejeon Central Credit Union") on November 28, 201 - the provisional registration of the right holder F, the right holder F, and C on January 3, 2003 - the provisional registration of the right to claim the cancellation of the provisional registration on August 6, 2003 - the provisional registration of the Daejeon Agricultural Cooperative (hereinafter referred to as the "Seoul Central Credit Union"), the right to claim the cancellation of the provisional registration on February 14, 2004, as the right to claim the cancellation of the provisional registration on August 6, 2003 - the registration of the decision of voluntary commencement of auction requested by the creditor Daejeon Central

B. On November 10, 2004, Defendant C paid KRW 10,000,000 to NAFFC, and cancelled the registration of provisional disposition by NAFFC on November 11, 2004. F and Defendant C cancelled the provisional registration on the instant land on November 11, 2004, and on the same day, Defendant C’s transfer of ownership was completed.

On November 23, 2004, Defendant C established a collateral security on the instant land, received a loan from the Seo-gu Saemaul Savings Depository of Daejeon, and repaid KRW 95,645,709 on November 24, 2004, and revoked the registration of establishment of a collateral security on the Daejeon Central Credit Union.

C. On July 26, 2005, Defendant C sold the instant land to the Defendant church in KRW 185,000,000, and the Defendant church completed the transfer of ownership on August 30, 2005.

[Reasons for Recognition] Evidence No. 1, Evidence No. 12-1, Evidence No. 2, and Evidence No. 13, the purport of the whole pleadings

2. Plaintiff A’s claim

A. The Plaintiff B, the Plaintiff’s spouse of the parties, bears approximately KRW 5,000,00 to KRW 6,000,000 against the Defendant C. When disposing of the instant land, the Plaintiff B and the Defendant C made provisional registration with a view to avoiding enforcement by other creditors.

However, there is a problem.

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