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(영문) 제주지방법원 2021.02.17 2020가단60071

청구이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On October 2, 2018, the Plaintiff’s spouse D and E borrowed KRW 300,000,000 from the Defendant’s spouse F, and agreed on April 2, 2019 at 24% per annum of interest and delay damages. On the same day, the Plaintiff’s spouse D and E drafted a fair deed as 1877 in the deed of G office of a notary public in 2018.

E on October 2, 2018, in order to secure F’s above obligations, completed the registration of the establishment of a collective security right of KRW 150,000,00 with respect to the land of KRW 512 square meters in H, 512 square meters in Jeju-si, the land of KRW 347 square meters in Jeju-si, the land of KRW 2664 square meters in Jeju-si, the land of KRW 2664 square meters in J, Jeju-si, the land of KRW 2664 square meters in Jeju-si, the land of KRW 2664 square meters in Jeju-si, and the nine buildings in J-si.

On the same day, the registration of the establishment of the right to collateral security with K and the maximum amount of claim amount of KRW 150,000 and the registration of the establishment of the right to collateral security with the maximum amount of claim amount of KRW 150,000 with respect to the above land was completed in the same order.

After December 2, 2019, K had received a decision to commence a voluntary auction with the Jeju District Court M on December 2, 2019 and the auction procedure was commenced for the above land.

On December 30, 2019, K withdrawn an application for decision to commence the above voluntary auction.

As of January 13, 2020, the Plaintiff and the Defendant jointly and severally borrowed KRW 100,000,000 from the Defendant on January 13, 2020 with the certificate of notary public C office No. 59 on January 13, 2020, and the Plaintiff and the Defendant jointly and severally borrow from the Defendant on January 13, 2020, and a fair deed was prepared to the effect that no interest exists, and that the instant certificate will be repaid until January 31, 2020 (hereinafter “the instant fair deed”). On January 16, 2020, the registration of cancellation of the registration of establishment of the lower right was completed.

E on January 22, 2020, sold the instant land to the Plaintiff, and completed the registration of ownership transfer on January 28, 2020.

On March 18, 2020 and June 2, 2020, for compulsory execution against the Plaintiff and N, the Defendant was granted the execution clause on the instant process deed, and the Jeju District Court 2020 name 151, around March 2020, filed an application for property specification with the Jeju District Court 2020 name. The Jeju District Court 2020 name 803 name.