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(영문) 서울중앙지방법원 2017.08.17 2015가합552183

금전소비대차계약 등 무효확인

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1. All principal suit against the Defendants (including the Plaintiff-Counterclaim Defendant) shall be dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff, as the owner of each real estate listed in the separate sheet, was sentenced to a favorable judgment against the Plaintiff on the ground that there was a share sales contract between the Plaintiff and the Plaintiff, the largest shareholder holding 90% of the total issued shares of Defendant C, the owner of each real estate listed in the separate sheet, and the share sales contract on December 28, 2012, which the Plaintiff intended to sell the Defendant C’s own shares to Samcheon District, and accordingly, the transfer of ownership was made in the name of Samcheon Division. However, the Seoul Central District Court Decision 2013Na7801, 2013Gahap7801, 2013Gahap78018 (Joint Shareholders’ Rights Settlement), which was filed against the Plaintiff on the ground that “the Plaintiff was in the office capacity of the Plaintiff at the time of the preparation of the above share sales contract, and there was no evidence to acknowledge the authenticity thereof, and the appellate court, which was the Seoul High Court Decision 2015Na9365, 2015Na9372 (Joint).

As of September 8, 2012, the outbreak of cerebrovascular and currently under medical treatment, and on February 21, 2014, adult guardianship began with the Seoul Family Court 2013-Ma11807.

B. The credit transaction agreement dated February 28, 2013, stating that the Plaintiff is to obtain a loan of KRW 2 billion from the Defendant Han Savings Bank, was prepared in the name of the Plaintiff. Accordingly, the Defendant Han Savings Bank paid KRW 1,99,260,040 under the name of the Plaintiff’s account in the name of the Plaintiff.

On February 27, 2013, Defendant Han Savings Bank entered into a mortgage agreement with Defendant C with regard to each real estate listed in the separate list owned by Defendant C, which is the “debtor, Plaintiff, and maximum debt amount of KRW 2.6 billion,” and on February 28, 2013, Defendant Han Savings Bank established a mortgage agreement based on the said mortgage agreement (hereinafter “instant mortgage agreement”).