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(영문) 의정부지방법원고양지원 2016.11.16 2015가단27340

근저당설정등기말소

Text

1. The Defendant shall set up 3 million won from the Plaintiff and 15% per annum from November 16, 2016 to the date of full payment.

Reasons

1. On August 29, 2015, the Plaintiff used the Defendant to assault the Defendant (hereinafter “instant assault”) due to the occurrence of vision during the process of approval at a golf course with the second floor Dice of the C commercial building (hereinafter “instant”) at the time of Pakistan.

The defendant is placed at the new wall and hospital on August 30, 2015, and thereafter August 31, 2015.

9.3.

9. 10. Mt. Mt. Mt. Mt. Mt. Mt. Mt. Mt. Mt. Mt. Mt. Mt. Mt. Mt. Mt. Mt

On September 1, 2015, the Plaintiff and the Defendant agreed to pay five million won for the Plaintiff’s assault. On the same day, regarding the real estate listed in the attached list (hereinafter “instant real estate”), the Defendant made a registration of creation of mortgage (hereinafter “mortgage”) with the maximum debt amount of five million won in the future.

As of June 10, 2016, the defendant cannot be punished so far, and the defendant stated at the time of diagnosis that he/she was diagnosed that he/she was a pipe of the breath of the instant assault.

According to CCTV at the time of the instant assault, the Defendant met with the Plaintiff at a time.

【Ground for Recognition: Records No. 1, No. 1, No. 6, and No. 1 to No. 6 (including, if any, a paper number), and the result of this court’s examination of CDs

2. The parties' assertion

A. The plaintiff's assertion was at the price of the defendant at the time of the assault of this case, and the defendant's strong speech and behavior led to the completion of the mortgage of this case, and the mortgage of this case is null and void on the ground that it was formed with old-age, rash, and in experience under Article 104 of the Civil Code.

B. In light of the fact that there was no significant imbalance between the benefits and the return, and there was a concern that there was a serious chronic disorder due to dynamic disorder at the time of the Defendant’s argument at the time of concluding the agreement, it cannot be said that the Defendant’s payment of five million won is unreasonable.

In the process of agreement, the documents shall be friendly E and the documents shall be reviewed.

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