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(영문) 수원지방법원 평택지원 2018.06.22 2017가단60510

근저당권말소

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 is a person who was the husband of the non-party D (the report of marriage on May 29, 2006) and the defendant lent money to D.

B. Around January 2008, D’s borrowing of fraud and money to E had the intention or ability to repay to E with the absence of the intention or ability to repay, and thereafter, D borrowed totaling KRW 374.5 million from around that time to November 9, 2015, as indicated in the separate crime list, from E, to 63 times in total.

C. After the lapse of the complaint filed against E and the criminal punishment against D (1) on early 2016, E filed a criminal complaint against D with the Defendant on the charge of fraud with the sentence No. 3128 at the Changwon District Prosecutors' Office, 2016, and D and E enter into an agreement on the criminal case at issue, around March 25, 2016, D entered into a loan agreement with the Defendant (E) with the loan principal of KRW 1.35 million at KRW 1.25 million per month (the commencement of interest payment from October 2016), with the loan agreement with the loan principal of KRW 1.2 million per month (Evidence No. 6), with the Plaintiff's seal imprint and the certificate of personal seal impression attached to the Plaintiff, and prepared the loan agreement with the Defendant as to the registration of the mortgage establishment at KRW 38,645 square meters in the name of the Plaintiff, which is the Plaintiff's owner, with the Plaintiff's seal imprint and the certificate of personal seal impression 2016.

(2) Thereafter, around May 24, 2016, E drafted a written agreement that does not require D to punish D, and D submitted the said written agreement to an investigative agency, and D received a summary order of KRW 7 million from the competent court on June 13, 2016.

The plaintiff's criminal complaint against D and the criminal punishment against D (1) the lapse of the defendant's criminal complaint against D and the lawsuit of divorce and consolation money against D around A, 2017, and D are the power of attorney used in the procedure of registering the establishment of the neighboring mortgage of this case.