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(영문) 대구지방법원김천지원 2015.07.22 2014가단12771
소유권말소등기
Text

1. The Plaintiff’s lawsuit against Defendant C, D, U.S., E, F, G, H, I, J, MK, K, and L.

Reasons

1. Basic facts

A. On May 10, 2012, the Plaintiff entered into a sales contract with M to purchase the old-si N,O, P, Q, and R’s land at KRW 1.15 billion, and paid KRW 95 million to M on the same day.

B. On May 10, 2012, S drafted a loan certificate stating that “I, on the other hand, borrow 130 million won from the purchase price of five parcels outside the old city Qua and the due date shall be May 18, 2012.”

C. On December 6, 2012, the Plaintiff purchased U-type 26 square-type 101 Dong 301, 143 million won in the Gu-U.S.-type 26 square-type 100,000, but completed the sales contract in which the sales price was fully processed.

(hereinafter referred to as the “instant sales contract”). The seller’s column for the instant sales contract includes the name and personal information of T and the stamp image is affixed thereto. Next, the Defendant B’s name and registration number are indicated, and the stamp image is affixed thereto, and T’s seal impression is attached along with the sales contract.

Defendant B was established on April 8, 2013, and from April 8, 2013 to January 14, 2014, and from January 15, 2014, S is working as representative director.

E. On October 18, 2013, Defendant B concluded a mortgage agreement with Defendant C on the 16 generation of an urban living house on the Gu, Si, O, N-based urban living house with the maximum debt amount of KRW 550 million. On the same day, Defendant C drafted a letter of commitment that “I would like to obtain a loan from Defendant C for the completion of construction of 16 households of Gu, Si, N-based collective housing with the maximum debt amount of KRW 16 households as security, and to implement the registration of establishment of a mortgage with the highest priority order of KRW 50 million with the maximum debt amount of KRW 16 households immediately after completion.”

F. On November 27, 2013, the registration of preservation of ownership of the Defendant B was made upon the commission of the registration of provisional injunction on the real estate listed in the separate sheet (hereinafter “instant real estate”).

G. Defendant C: (a) received the registration of the instant real estate from the Daegu District Court on December 6, 2013 as the receipt of No. 87530, Dec. 6, 2013.

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