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(영문) 대구지방법원 2017.04.28 2015가단118103
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”). The Plaintiff is a company engaging in real estate development, sale in lots, lease, etc., and the Defendants are the persons holding the provisional registration that was transferred on August 22, 2007, on the provisional registration of the right to claim a transfer of ownership in the name of D, which was completed on April 10, 2006 by No. 21367 (hereinafter referred to as the “provisional registration of this case”).

B. The Plaintiff, the Defendants, and D’s money transactional relationship 1) The Plaintiff is a apartment redevelopment project on the land of the Daegu Suwon-gu E around 2006 (hereinafter “instant redevelopment project”).

On January 26, 2016, the Defendants remitted KRW 1.5 billion to the account of D, a certified judicial scrivener, and KRW 27.5 billion on the same month to the Plaintiff’s account immediately upon receipt of each of the above money. On January 26, 2016, D transferred the above money to the Plaintiff’s account, and on January 26, 2016, D completed the registration of the right to claim ownership transfer on the ground of a pre-sale agreement with respect to 20 real estate owned by the Plaintiff. At that time, the Defendants, “creditors, the Defendants, the debtor, the F, the joint guarantor, the F, the daily amount of KRW 2 billion, and the due date on May 15, 2006, the Defendants transferred KRW 1.00 million to the Plaintiff’s account from April 7, 2006 to May 18, 2006 (the Plaintiff’s right to claim ownership transfer was transferred to the Plaintiff’s account under his pre-sale agreement.

In addition, around that time, the loan certificate was drawn up on April 5, 2006, which was “the creditor, the debtor D, the joint and several surety F, G, the plaintiff, the daily payment of KRW 1 billion due date, May 15, 2006.”

3. ① On January 26, 2006, between D and Plaintiff, and F, that “the Plaintiff shall approve that the obligation owed to D is 1.4 billion won, shall be repaid not later than May 15, 2006, and F shall stand a joint and several surety for the said obligation.” ② between D and Plaintiff, G, and F on April 5, 2006.

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