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(영문) 창원지방법원 밀양지원 2018.11.28 2017가단12617
가등기말소
Text

1. The Defendants are KRW 60,000,000 from the Plaintiff and KRW 2.9% per month from August 17, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On February 17, 2016, the Plaintiff’s ASEAN drafted a loan certificate with money borrowed from F, the spouse of Defendant B, (hereinafter “instant loan”) and KRW 60 million, interest rate of KRW 2.9% (payment on February 17, 2017), maturity of February 17, 2017; the Plaintiff’s debtor, and joint and several sureties (hereinafter “the first loan certificate”).

In addition, in order to secure the loan obligation of this case, the Plaintiff completed the provisional registration of this case with respect to each of the instant 1/2 shares out of the instant land, and completed the provisional registration of this case with respect to each of the 1/2 shares out of the entire G 1,054 square meters (hereinafter “G land”) from Gyeongnam-gun, Gyeongnam-gun, and completed the provisional registration of the Defendants’ right to claim ownership transfer (hereinafter “provisional registration of G land”).

B. On June 15, 2017, the cancellation registration was made with respect to the provisional registration of G land. On the same day, the Plaintiff completed the registration of ownership transfer with the transaction value of G land at KRW 200 million (hereinafter “instant transfer registration”).

C. E prepared a loan certificate with the same content as the loan certificate of this case (hereinafter “the second loan certificate of this case”) (hereinafter “the agreement of this case”) on June 13, 2017, stating that “Although G land was registered for the transfer of ownership in the name of Defendant C at KRW 200,000,000,000 won for all the amount of the principal, interest, and registration expenses (2.3% per month) of the debtor (joint guarantor) shall be refunded to the seller (hereinafter “Plaintiff and E”), including acquisition tax and interest accrued at the time of the transfer of ownership, and the unpaid interest, etc. on the loan of this case.”

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and Eul evidence Nos. 1 to 7.

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