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(영문) 수원지방법원안산지원 2014.08.21 2013가합5005

채무부존재확인 및 근저당권말소 등

Text

1. The Plaintiff’s notary public against the Defendant is a monetary loan agreement, No. 503, 201, No. 503.

Reasons

1. Basic facts

A. E, the Plaintiff’s agent, intended to borrow KRW 100,000,000 from the Defendant, and F received KRW 100,000,000 from the Defendant.

B. On December 28, 201, the Plaintiff borrowed KRW 100,000,00 from the Defendant on December 27, 2012 at the rate of 30% per annum; however, if the Plaintiff fails to repay the above obligation, it shall be acknowledged that there is no objection even if it is immediately subject to compulsory execution.” On the same day, the notarial deed No. 502 of 201, stating that “54,00,000 won from the Defendant shall be determined as the maturity date on January 2, 2013, and shall be repaid in installments in 150,000 each month, and if the obligation is not performed, it shall be recognized that there is no objection even if compulsory execution is performed immediately, and the notarial deed No. 503 (hereinafter “No. 2013”) was prepared and issued to the Defendant under each of the notarial deeds No. 2011, Jan. 2, 2011.

C. On December 28, 2011, the Defendant completed each registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of each of the instant case”) with respect to the Plaintiff, the mortgagee, the Defendant, the maximum debt amount of KRW 100,000,000, with respect to the Plaintiff’s establishment of a mortgage (hereinafter “registration of creation of a mortgage of each of the instant case”) as to the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount of KRW 401, 402, and 403 of the members of Ansan-si, Ansan-si, and the Plaintiff’s 401, 400,000.

(No. 130019, received on December 28, 201, and No. 13019) d.

Based on the notarial deed No. 1 of this case, the Defendant received a seizure and collection order for the Plaintiff’s claim (U.S. District Court No. 2013TTTT 7163, 2013TT 7526, 2013TT 9112), and conducted an auction of corporeal movables against the Plaintiff on the basis of the notarial deed No. 2 of this case (U.S. District Court No. 2013No. 1609), and received a compulsory decision to commence compulsory auction as to No. 401, 402, and 403 of the members D No. 4 of Ansan-gu, the real estate owned by the Plaintiff.

(H) Ansan District Court H.