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(영문) 대전지방법원 논산지원 2018.11.22 2018가단421

청구이의

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Facts of recognition

On April 14, 2015, the Plaintiff completed the registration of joint establishment of a mortgage on each real estate (hereinafter “each of the instant real estate”) indicated in the separate sheet owned by the Plaintiff to the Defendant, under Article 4894 of the Daejeon District Court’s receipt registration office, which received the maximum debt amount of KRW 120 million and the Plaintiff’s joint establishment of a mortgage on each of the instant real estate (hereinafter

(hereinafter referred to as “the establishment registration of each of the instant real estates”. On March 31, 2017, the auction procedure was initiated to C at the request of the Defendant with respect to each of the instant real estates, and the attached list.

1. On October 20, 2017, a list of real estate recorded:

2. The registered real estate was sold on January 10, 2018, and all the registration of the establishment of each of the instant mortgages was cancelled.

On the date of open distribution on February 1, 2018, with respect to this Court C Voluntary Auction case, the above court prepared a distribution schedule with the content that distributes the amount of KRW 25,840,840 and KRW 21,685,639 to the Defendant.

The plaintiff, as the debtor and owner, was present on the date of the above distribution, and raised an objection against the full amount of the dividend to the defendant.

On February 5, 2018, the Plaintiff filed a lawsuit of demurrer against distribution with this court 2018da278, and filed the instant lawsuit seeking revocation of the said voluntary auction decision on February 23, 2018. On June 17, 2018, the Plaintiff amended the purport of the claim, as stated in the purport of the claim.

【The ground for recognition” did not have any dispute, Gap 1 through 17 evidence, Eul 1 through 26 evidence (including each serial number, if any) and the purport of the whole pleadings, the plaintiff alleged to the purport of the whole pleadings is not a loan from the defendant, but a loan certificate was prepared to guarantee the defendant's obligation to compensate for the loan, and the registration of creation of a mortgage of each of the following neighboring areas of this case was completed to the defendant.

In addition, the secured obligation of each of the instant mortgages was to pay the Defendant the time limit of KRW 20 million per year, with the payment of the time limit of KRW 20 million by April 2020, and the repayment period has not yet arrived, or the Plaintiff paid the said money in full.