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(영문) 대전지방법원 2017.03.31 2016나109916
소유권이전등기 말소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On July 11, 2007, with respect to each of the instant real property owned by the Plaintiff, the establishment registration of a neighboring mortgage (hereinafter “the establishment registration of a neighboring real property of this case”) was completed on July 13, 2007 with respect to each of the instant real property, on the ground of a contract establishing a mortgage as of July 11, 2007, with the maximum debt amount of KRW 500 million, the debtor, the debtor, the plaintiff, the mortgagee of the right to collateral security (hereinafter “topbstiny”) and the establishment registration of a neighboring mortgage (hereinafter “the establishment registration of a neighboring real property of this case”).

After October 7, 2009, the registration of transfer was completed on October 9, 2009 on the ground of the assignment of credit as of October 7, 2009.

On October 27, 2009, a voluntary auction based on the above collateral was commenced upon the commencement of the auction procedure for each real estate of this case and the application of D for ownership transfer. In the above auction procedure, the defendant purchased each real estate of this case and completed the registration of ownership transfer in the future of the defendant as stated in the purport of the claim.

The amount of KRW 400 million, including the preparation of a notarial deed, shall be fixed and borrowed as above, and as security, six parcels of public land owned by E, eight parcels of land owned by Han River C&D Co., Ltd. (hereinafter “Yan River C&D”), eight parcels of land owned by the Plaintiff, and each of the instant real estate owned by the Plaintiff as the debtor, shall be registered for the establishment of a neighboring mortgage, and the above amount shall be repaid in a separate amount agreed by December 31, 2007.

Around July 2007, E, the former husband of the Plaintiff, borrowed KRW 400 million business funds from Saturdays, Inc. (hereinafter “F”).

F On July 11, 2007, the LOB prepared and delivered to the Saturdays a letter of loan (No. 6, hereinafter “the letter of loan”) containing the following contents:

(hereinafter referred to as “the obligation of the instant loan”). Article 1 (Loaning and Lending Money) Creditor shall be liable for the said obligation owed by F with respect to Saturdays (hereinafter referred to as “the obligation of the instant loan”).

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