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(영문) 수원지방법원 성남지원 2017.01.20 2016가단8212

근저당권말소

Text

1. The defendant shall support the plaintiff with Suwon District Court as to each real estate listed in the attached Tables 1 and 2.

Reasons

1. Basic facts

A. On January 12, 201, the Plaintiff borrowed KRW 50,000,00 from C, at C’s request, set up a collateral security (hereinafter “instant collateral security”) with the debtor, the mortgagee, the Defendant, the maximum debt amount of KRW 75,00,000 on January 12, 201, with respect to each real estate listed in the separate sheet Nos. 1 and 2, owned by the Plaintiff (hereinafter “each of the instant real estate”).

B. Since February 10, 201, C transferred to the Plaintiff KRW 30,000,000 to the Plaintiff as the Plaintiff’s withdrawn accounts (Account Number: D).

(c) The Plaintiff received 0.3 0 0.1 7. 15 20. 20, 10, 000 ; 2,125,00 ; 14. 2,00 ; 1,400 ; 00 ; 1,200 ; 0.3 0 ; 1,250 ; 0.30 ; 1,000 ; 20.11, 200 ; 20.30 ; 1,000 ; 3.0 ; 1,000 ; 1,00 ; 2,00 ; 1,00 ; 3.0 ; 1,00 ; 2,00 ; 2,00 ; 4,200 ; 1,000 ; 3,010 ;

On the other hand, on November 1, 201, the Plaintiff transferred KRW 38,455,00 to the account in the name of the Plaintiff’s name (Account Number: E).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 7, 9 (including each number), Eul evidence No. 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff borrowed KRW 50,000,000 from C on January 1, 201, and completed the registration of the establishment of the establishment of the instant real estate on each of the instant real estate.

However, there is no contract between the plaintiff and the defendant, and no contract between C and the defendant is known.