(영문) 대구지방법원 2019.06.27 2017가단131964

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(영문) 대구지방법원 2019.06.27 2017가단131964

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On December 20, 2007, the Plaintiff loaned KRW 30,000,000 to C Co., Ltd. (hereinafter “C”) on January 21, 2008, with interest at KRW 750,000 per month (hereinafter “first lending”).

B. On March 31, 2010, the Plaintiff and C agreed to extend the due date of the loan No. 1 until March 31, 2010 and to change interest and delay damages to 30% per annum, and on January 11, 2010, a notary public drafted a notarized deed of debt repayment contract (hereinafter “notarial deed of this case”) with E Law Firm No. 2010.

C. Meanwhile, as to the real estate stated in the purport of the claim (hereinafter “the instant real estate”), the registration of transfer of ownership in C was completed on the grounds of “trade on December 15, 2005” as of February 2, 2006, and on the same date, the registration of transfer of ownership in C was completed on the grounds of “sale reservation on December 27, 2005” and the provisional registration of the right to claim transfer of ownership in the Defendant’s name (hereinafter “the instant provisional registration”).

On December 5, 2016, when the plaintiff applied for a compulsory auction on the instant real estate by making the instant notarial deed an executive title, the Daegu District Court rendered a decision of compulsory commencement of auction on December 6, 2016 and completed the registration of entry in the decision of compulsory commencement of auction on the instant real estate as of December 7, 2016.

However, as indicated in the purport of the claim as of June 20, 2017 concerning the instant real estate, “the ownership transfer registration under the name of the defendant was made based on the provisional registration of this case on the ground of “sale on June 15, 2017,” and “the principal registration of this case” is “the principal registration of this case.”

As a result, on June 26, 2017, the decision to commence compulsory sale was revoked and the registration of the entry was revoked. [Grounds for recognition] The facts of absence of dispute, Gap 1, 2, 3, and 5 evidence (including the number of each number), witness G testimony, and the purport of the whole pleadings.

2. Summary of the parties' arguments;

A. The provisional registration of the plaintiff 1 of this case is the defendant on 2006.

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