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(영문) 수원지방법원 2018.07.05 2017나77893

근저당권말소

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff the Suwon District Court with respect to the size of 3,435 square meters prior to C at the time of innju.

Reasons

1. Basic facts

A. The defendant's lending and the provision of the plaintiff's security 1) The defendant corporation D (hereinafter "D")

10 million won shall be fixed at the interest rate of 10% per month (hereinafter referred to as “instant loan”).

(2) On July 19, 2010, the Plaintiff paid KRW 88 million, excluding KRW 10 million in the name of the secured provider, and KRW 2 million to D with respect to the instant loan claims. 2) On July 19, 2010, the Plaintiff completed the registration of establishment of a collateral security right (hereinafter “instant collateral security right”) with respect to the Defendant on July 19, 2010 as security for the instant loan claims, under the Suwon District Court’s receipt of loan support, under Article 27016, with respect to the Defendant, the Defendant, the debtor, the Plaintiff, and the maximum debt amount of KRW 130 million (hereinafter “instant collateral security right”).

B. F’s loan 1) On June 30, 2010, F decided to lend KRW 200 million to D with the Defendant’s introduction, at the rate of 10% per month and after two months of maturity, and F paid KRW 160,000,000, which remains after deducting the interest of KRW 40,000 from the prior interest of two months in the same day. G (the number of sentence of J, a management director of D).

On June 30, 2010, F had had the right to collateral security holders F, debtor G, L, H, and maximum debt amount of 260 million won completed the registration of creation of a mortgage over the K land and building on the land and the ground of the F, G, H, and maximum debt amount of 200 million. 2) On the other hand, F wanted to receive the principal and interest of the loan from D through the Defendant, and accordingly D remitted F’s repayment of the loan to the Defendant’s account.

F With respect to the above loan claims, the F was delivered to the Defendant KRW 18 million in total,00,000,000,000 won on September 1, 2010; October 15, 2010; November 1, 2010; December 2, 2010; or January 31, 2011; or on February 28, 2011; < Amended by Act No. 10437, Feb. 28, 2011; Act No. 10755, Mar. 30, 201; Act No. 10788, May 6, 2011; Act No. 10816, Jun. 1, 2011; Act No. 10806, Jun. 30, 201; Act No. 11283, Jan. 1, 2012>

3 On January 17, 2013, K and above-ground buildings were commenced on January 17, 2013 by the Suwon District Court’s branch branch M, and the said court made a distribution schedule that distributes KRW 187,059,478 to F on November 19, 2014.