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(영문) 대구지방법원 2016.05.12 2015나10927
소유권말소등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff had been engaged in money transactions several times with the Defendant, which was known to the general public. At the time of September 2006, the Plaintiff had been liable for 16 million won against the Defendant.

(interest per annum 1%). (b)

On September 26, 2006, the Plaintiff transferred on September 26, 2006 the ownership of the real estate listed in the separate sheet (hereinafter “instant commercial building”) owned by himself to the Defendant for the purpose of securing the above loan obligation against the Defendant. However, the Plaintiff completed the registration of ownership transfer as the Daegu District Court racing-Support No. 57251 on September 4, 2006 with the grounds for registration as the sale on September 4, 2006.

(hereinafter “instant transfer registration”). C.

On January 200, the Plaintiff took out a loan of KRW 30 million from the Kant Life Insurance Co., Ltd. (hereinafter “Stwit Life”) and created a right to collateral set forth as a maximum debt amount of KRW 42 million with respect to the instant commercial buildings, and a right to collateral security was cancelled on September 27, 2006.

On November 7, 2006, the establishment registration of the building of this case was completed with respect to the commercial building of this case as the maximum debt amount of 39 million won, the debtor, the defendant, and the mortgagee of the right to collateral security, as the friendly Saemaul Fund.

E. As to the instant commercial building as of May 17, 201, a lease agreement was concluded with the lessor, the lessee D, the lease deposit of KRW 10 million, and KRW 300,000,000 for monthly rent (hereinafter “instant lease agreement”). The Plaintiff signed and sealed the said lease agreement’s personal information in the broker’s column.

F. D paid the monthly rent of KRW 300,000 as the passbook under the name of the Defendant. Among them, KRW 60,000 was the interest source of the Plaintiff’s loan to the Defendant, and the remaining KRW 2,40,000 was used as the interest and principal repayment for the loans to the Usung Community Credit Cooperatives, which was secured by the instant commercial building.

D Without paying the monthly rent from May 2013 to the Plaintiff as the passbook in the name of the Defendant.

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