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(영문) 창원지방법원 2016.03.16 2015가합1215

근저당권설정등기말소

Text

1. On January 29, 2015, the real estate stated in the separate sheet between the defendant and C was concluded between the defendant and C.

Reasons

1. Facts of recognition;

A. In-house directors of C Co., Ltd. (hereinafter “C”) as their father, E, the actual operator of C, was liable to the Plaintiff for the debt under the Notarial Deed as follows.

On December 10, 2012, the due date for the delayed payment, which is a joint and several surety for a notarial deed number debtor, shall be 30% of the present enterprise, the Changwon Law Firm, Law Firm No. 3157, Jan. 10, 2013, which is KRW 200 million E 30% of present enterprise, January 10, 2013. < Amended by Act No. 624, Mar. 21, 2013; Act No. 11624, Mar. 25, 2013>

C On January 22, 2015, the Plaintiff repaid KRW 200 million out of the above debt on the E’s notarial deed to the Plaintiff on April 22, 2015, and set up a mortgage with respect to the real estate indicated in the attached list as collateral (hereinafter “instant real estate”) with respect to the said real estate, with the maximum debt amount of KRW 200 million, and with respect to the right to collateral security, the right to collateral security was set up against the Plaintiff. However, the Plaintiff was set up a mortgage with respect to the real estate indicated in the attached list (hereinafter “instant real estate”), with the right to the right to the right to a Youngsan Agricultural Cooperative, with the establishment of the right to collateral security and the repayment of the debt

C. On January 29, 2015, C, instead of the Changwon District Court, at the registration office, set up a collateral (hereinafter “instant collateral”) with respect to the instant real estate and received a loan, and performed the obligation to F with respect to the instant real estate, and canceled the F’s collateral (hereinafter “instant collateral”) with respect to the instant real estate, C, contrary to the Plaintiff’s commitment, set up a collateral (hereinafter “instant collateral”) against the Defendant, rather than the Plaintiff, prior to the following.

Defendant C 140 million won, Defendant 581, January 29, 2015, which entered into a contract on January 29, 2015, which was received on January 2015, 2015, was the 13 Changwon District Court and the 29 January 2015 registry office, rather than Defendant C 14 billion won. < Amended by Presidential Decree No. 26845, Jan. 30, 2015; Presidential Decree No. 20457, Jan. 29, 2015>