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(영문) 서울동부지방법원 2014.06.03 2013가단111935
소유권말소등기
Text

1. The application for intervention by the defendant succeeding intervenor shall be dismissed;

2. The defendant

A. Article 1(1) of the Attached List to Plaintiff A.

Reasons

1. Basic facts [the grounds for recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1, 2, Eul evidence 26, 27, Eul evidence 38 (including all of the evidence with a serial number), the purport of the whole pleadings];

A. At the time of April 22, 2011, the Plaintiffs were the parents of E, and at the time of Plaintiff A, the Plaintiff was the owners of the real estate listed in the attached Table No. 1 (hereinafter “instant Real Estate No. 1”) and the land and buildings listed in the attached Table No. 2 (hereinafter “instant Real Estate No. 2”) as indicated in the attached Table No. 2, and E operated the pension rental business with the trade name “D” in each of the said real estate, etc.

B. Around April 22, 2011, the Plaintiff, etc., from the Intervenor succeeding to the Defendant (hereinafter collectively referred to as “Plaintiffs, etc.”) borrowed KRW 1 billion from the Intervenor succeeding to the Defendant. However, the Plaintiff, etc., transferred the ownership of the instant real estate and the instant real estate owned by the Plaintiffs, etc., and the real estate owned by the instant real estate and E ( collectively referred to as “each of the instant real estate, etc.”) owned by the Plaintiffs, etc., to the Intervenor succeeding the Defendant, and the Defendant’s Intervenor, by June 30, 201, paid the said KRW 1 billion to the Plaintiffs, etc. by the Defendant’s Intervenor, etc. by providing each of the instant real estate, etc. as joint collateral. The Defendant’s successor agreed to acquire KRW 1 billion by the Nonparty, etc., the Nonparty, etc., and the Defendant’s heir, the Defendant, as a joint collateral, to acquire KRW 1.45 billion,500,000,00,000.

C. On May 22, 2011, the Plaintiffs, etc. and the Defendant’s successor entered into a contract for transfer security (hereinafter “instant contract for transfer security”) in order to ensure the above agreement, and drafted a written contract with the following contents.

Article 1 (Payment for Borrowing and Lending of Money) The defendant succeeding intervenor shall lend a cash of KRW 00 million to the plaintiffs, etc. of this day and deliver it in cash.

Article 2 (Repayment Date) The due date for the payment of the above amount shall be August 31, 2012.

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