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(영문) 대구지방법원서부지원 2019.02.21 2016가단62372

근저당권설정등기말소

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1. The Plaintiff (Counterclaim Defendant) is from December 11, 2016 to February 21, 2019, with respect to KRW 200 million to the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. The introduction of the Plaintiff, C, and D around October 2013 to E, F, etc. made the following investment arrangements:

Plaintiff

150 million won, C 130 million won, and D 120 million won, respectively, shall be invested by the G Association. The G Association shall obtain a loan of KRW 900 million in the name of the Plaintiff in the name of the Plaintiff and purchase H 2879 square meters in the name of the Plaintiff at Pohang-si (hereinafter “instant land”). The amount remaining in the purchase cost, other than the purchase cost, shall be kept and managed by the Plaintiff, while the Plaintiff stores and manages the money, and three persons divide the proceeds from the sale of the instant land.

The rate of return is 50% if the land of this case is sold in one year only, and the return is expected to be 100% if the proceeds are made by selling them after the lapse of two years, and the return is expected to be 10% if the proceeds are made by selling them after the lapse of two years, and the amount exceeding the expected earnings is divided by the Plaintiff, C, and D. The portion exceeding the above anticipated earnings shall be distributed in 1/5 each E, the Plaintiff, and I, and the J shall be divided in 2 million won and 1/2 of the Plaintiff and E

B. C transferred KRW 65 million on November 22, 2013 to the Plaintiff’s account pursuant to the foregoing agreement, and KRW 65 million on January 10, 2014.

D pursuant to the above agreement, the amount of KRW 10 million on October 24, 2013 was remitted to K as service costs. The amount of KRW 50 million on the same day, KRW 35 million on November 22, 2013, and KRW 25 million on April 12, 2014 was remitted to the Plaintiff’s account.

C. On November 22, 2013, the Plaintiff purchased the instant land in KRW 1160 million and completed the registration of ownership transfer in the name of the Plaintiff on January 10, 2014.

On the same day, the establishment registration of a mortgage on the instant land under C, which was based on the maximum debt amount of KRW 195 million, and the maximum debt amount of KRW 180,000,000, was completed in the name of D.

D The D died on November 29, 2015, and on November 29, 2015, D’s above-mortgage was transferred to the Defendant on June 21, 2016 on the ground of inheritance by agreement division.

C Around May 2016, an application for voluntary auction based on the above right to collateral security was filed, and accordingly, the Daegu District Court rendered the procedure of voluntary auction with respect to the land of this case.

The plaintiff is his partner M.