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(영문) 창원지방법원 2017.02.16 2016가단109874

청구이의

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 June 25, 2014, the Plaintiff completed the registration of the Changwon District Court’s registration and the registration of the right to claim ownership transfer registration based on the purchase and sale reservation made on June 24, 2014, with respect to the building E in Changwon-si, Changwon-si’s counter 29.1 square meters and above ground (hereinafter “instant real estate”).

B. On July 31, 2014, Gyeongnam Bank filed an application for a voluntary auction of real estate with the Changwon District Court F regarding the instant real estate.

C. On October 24, 2014, the Plaintiff completed the registration of transfer of ownership by means of sale as of October 23, 2014, from the same court’s registration and receipt No. 83039, supra.

D. On November 24, 2014, the Plaintiff, on November 24, 2014, drafted a notarial deed of a monetary loan agreement for consumption (hereinafter “notarial deed of this case”) in the notary public office No. 1017, 2014, stating that “D borrowed money of KRW 20 million from the Defendant on November 23, 2017, at the rate of KRW 12% per annum, interest rate of KRW 12% per annum, delay damages, and at the rate of KRW 30 million, the Plaintiff borrowed money from the Defendant on November 23, 2017, and issued it to the Defendant.”

On December 5, 2014, Gyeongnam Bank, Inc., withdrawn the application for the auction of the above real estate on the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) The Plaintiff’s assertion that the declaration of intent to guarantee by the instant notarial deed was revoked by coercion (1) was made (the Plaintiff’s assertion that the Plaintiff increased the lease deposit amount of KRW 170 million in around 201, while using the instant real estate as the car goods store by leasing it in KRW 100 million, but did not obtain a fixed date as to the increased KRW 70 million in the amount of KRW 170 million.

The plaintiff purchased the real estate of this case from D during the voluntary auction of Gyeongnam Bank, and thereafter, D with the defendant as collateral.