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(영문) 수원지방법원 여주지원 2017.03.23 2016가단54362

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. On April 30, 2012, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage on each of the instant real estates owned by the Plaintiff”) with the maximum debt amount of KRW 170 million, which was received on April 30, 2012 from the Defendant.

B. Around May 15, 2011, the Plaintiff and the deceased C (Death on October 24, 2016) drafted an agreement with the Defendant that “The Defendant lends KRW 100 million to the Plaintiff, and the Plaintiff and C will repay KRW 70 million out of the existing debt amount of KRW 1 billion and KRW 100 million as of May 25, 201 to the Plaintiff by August 15, 201.”

C. On May 25, 201, the Network C entrusted the Plaintiff’s agent and joint guarantor with the preparation of a notarial deed of a monetary loan agreement for consumption (hereinafter “notarial deed of this case”) with the content that “the Plaintiff borrowed KRW 170 million from the Defendant at the new road office of a law firm by a notary public” under Article 201 of the 2011.

[Evidence Evidence: Evidence No. 2, 3, and 6 (including paper numbers), Evidence No. 1, and the purport of the whole pleadings]

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Plaintiff’s representative, the Plaintiff’s husband, did not have any authority over the establishment of the money borrowed from the Defendant or the right to collateral security against the Defendant, and D one person cannot exercise the right to property of each of the instant real estate, which is religious property, the Plaintiff’s property. However, the Plaintiff: (a) stolen the seals affixed by the inspection of the Plaintiff and the Plaintiff’s inspection committee; (b) made and made the instant notarial deed with the Defendant worth KRW 170 million; and (c) completed the registration of the establishment of each of the instant notarial deeds on each of the instant real property; (b) each of the instant notarial deeds should be cancelled by the registration of invalidation; and (c) the principal of KRW 170 million out of the loan of the instant notarial deed is only KRW 170 million,000,000 and the remainder of KRW 70,000,000,000 as interest or interest loan contract on this.

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