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(영문) 수원지방법원안양지원 2014.04.03 2013가단24700

채권부존재 근저당권말소 등

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 July 14, 2011, the Plaintiff, a member of the Defendant, completed the registration of ownership transfer on the ground of trust under the receipt No. 49355 of the receipt of July 14, 2011, with respect to the real estate stated in the attached list to the Defendant.

(hereinafter “instant transfer registration”). B.

The parts relating to this case in the defendant's articles of incorporation are as follows:

Article 35 (Relocation Measures) (2) The defendant may arrange members who desire to support moving expenses to provide support by concluding an agreement directly with a financial institution, or by concluding an agreement with the constructor.

In such cases, the member who has received the relocation expenses shall provide the land and buildings owned within the project implementation district as security.

(3) The member who has received the moving expenses under paragraph (2) or the member who has succeeded to the right shall refund the subsidized moving expenses to the constructor (or financial institution) by the time of moving to the house, etc.

C. Although the Daesung Industrial Co., Ltd., which entered into a construction contract with the Defendant, tried to obtain a loan as collateral and pay the Plaintiff relocation expenses, prior collateral security was not granted to the Plaintiff.

Accordingly, on September 6, 2011, when the Plaintiff entered into a lease agreement that leases the deposit of KRW 70 million to the Defendant, the Daesung Industrial Co., Ltd. paid KRW 70 million to the Defendant in the name of the Plaintiff’s moving expenses, and the Defendant again paid KRW 70 million to C for the Plaintiff.

The parties to the above lease agreement agreed that the tenant's name shall be the employee E of the Daesung Industrial Co., Ltd., and the actual resident shall be the plaintiff, and the deposit shall be returned to E on the date of the previous lease.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 4, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. Summary of the parties’ assertion 1. Plaintiff