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(영문) 대구지방법원 2018.04.20 2016가단124365
가등기말소
Text

1. The purchase and sale reservation entered into on October 12, 2015 between Nonparty C and the Defendant regarding the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff and C agreed to jointly purchase D forest land 7,495 square meters (hereinafter “D land”) around January 1, 1997. Around January 14, 1997, the Plaintiff and C concluded a contract to purchase D land 1.6 billion won from E and one other than E on January 14, 1997. The down payment was the KRW 150 million, the first intermediate payment of KRW 250 million until February 25, 1997, the second intermediate payment of KRW 50 million until April 24, 1997, and the remainder of KRW 600 million until May 30, 197.

B. At the time, the Plaintiff and C agreed to own 1/2 shares of D land by bearing the purchase price of D land in each amount of KRW 800 million.

By April 28, 1997, the Plaintiff paid to the seller a total of KRW 800 million to the seller, and C paid a total of KRW 100 million to the second intermediate payment on May 2, 1997 and May 8, 1997, and requested the Plaintiff to lend KRW 800 million to the Plaintiff for the payment of the remainder KRW 600 million.

Upon completion of the registration of transfer of ownership in its name with respect to D land, the Plaintiff set up a collateral on D land to the Daegu National Mutual Savings and Finance Company (hereinafter “National Bank”), Inc. (hereinafter “National Bank”), and took out a loan of KRW 800 million, and paid the balance of D land as KRW 600 million among them.

C. C requested that the Plaintiff lend additional KRW 700 million around August 1997.

On August 18, 1997, the Plaintiff: (a) around August 18, 1997, set up a right to collateral security with the National Bank; (b) borrowed a loan of KRW 700 million (hereinafter referred to as the “national bank loan”); and (c) lent a loan of KRW 800 million (hereinafter referred to as the “instant commercial building”) to C.

C promised to pay the debt of national bank loans under the Plaintiff’s name and to cancel the registration of the establishment of a neighboring commercial building and D land in this case.

On July 20, 2012, the Plaintiff is one of the land where D land was partitioned to Nonparty G.

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