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(영문) 광주지방법원순천지원 2015.10.16 2015가단9206

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s mother B was loaned KRW 10 million from the Defendant on August 2, 2001

(2) On the same day, B completed the registration of creation of a mortgage (No. 1296, August 2, 2001, hereinafter referred to as the “registration of creation of a mortgage”) against the Defendant with respect to No. 404 of Gwangjin-si 14 and No. 404 (hereinafter referred to as the “the apartment of this case”) at the time of Mineyang-si as the purpose of securing the obligation of the first loan of this case, the registration of creation of a mortgage (hereinafter referred to as the “registration of creation of a mortgage of this case”).

B On October 8, 2001, on the part of the Defendant, the Defendant repaid the entire obligation of the first loan of this case.

B. On November 7, 2002, B obtained additional loans from the Defendant (hereinafter “the instant loans”) and the documents related to loans were written by B and D, the Plaintiff’s birth.

C. B died on April 1, 2003, and the Plaintiff, D, and E, his wife, jointly inherited the net B’s property.

The Defendant, on the ground that B did not repay the debt of the second loan in this case, proceeded with the voluntary auction procedure (hereinafter “instant auction procedure”) regarding the instant apartment based on the instant collateral security.

In the auction procedure, G was sold the above apartment on January 3, 2006, and the defendant received some of the principal and interest of the second loan in the dividend procedure.

On April 17, 2006, the Plaintiff resided in the apartment of this case and was removed from the apartment of this case by G pursuant to the real estate delivery order (this court H) issued by G from this court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 10, Eul evidence Nos. 1, 2, 3, 4, and 8, the purport of the whole pleadings

2. Summary of the cause of the claim;

A. The deceased B repaid all the debt of the instant loan No. 1, and the Defendant did not cancel the instant mortgage. Based on the Defendant’s debt of the instant loan, the instant apartment is in progress with the instant auction procedure.