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(영문) 서울중앙지방법원 2019.10.18 2018나69259
근저당권말소
Text

1. Revocation of the first instance judgment.

2. The defendant is Jongno-gu Seoul Metropolitan Government D large 82.6 square meters and above ground wooden roof.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Jongno-gu Seoul Metropolitan Government D. D. 82.6 square meters and its ground wooden fixtures and 49.59 square meters of multi-story housing (hereinafter “instant real estate”) and Seongbuk-gu Seoul E-gi 147.8 square meters and buildings on its ground (hereinafter “E real estate”).

B. On March 2012, the Plaintiff asked G, a loan broker, to lend KRW 700,000,000 to KRW 800,000 as security, and would allow G to borrow the said money from KRW 3 and 4.

'The answer' was raised.

Creditor L MF collateral security right to the instant real estate E, which is the subject of the instant real estate E, the maximum debt amount of the instant real estate E, 375,000,000,000 375,000,000,000,000,000

C. On March 13, 2012, according to the direction of G and K Certified Judicial Scriveners, the Plaintiff prepared a mortgage agreement form with creditors L, M, and F each mortgage agreement form, a loan certificate, a promissory note, etc. with creditors as public space. On the same day, as indicated in the table, each of the instant real estate and E real estate was registered as a collateral L, M, and F with respect to each of the instant real estate and E.

(F) Each loan certificate, the face value of which is KRW 150,000,000 and KRW 200,000,000, indicated by the Plaintiff, and each promissory note, the face value of which is KRW 300,000,000, and each promissory note, the maximum debt amount of which is KRW 150,000,000 with respect to the instant real estate, and the mortgage contract, the maximum debt amount of which is KRW 300,000,00 with respect to E real estate, were received respectively).

On the same day, the Plaintiff received each payment of KRW 250,000,000 in the name of L, and KRW 250,000,000 in the name of K Certified Judicial Scriveners and KRW 250,000 in the name of K Certified Judicial Scriveners. The Plaintiff received each payment of KRW 700,000,000 in total.

E. On May 16, 2012, the Plaintiff transferred KRW 200,000,000 to L, and KRW 300,000,000,000 for each transfer to F, and KRW 100,000,000 for each transfer to F, and on the same day, the registration of establishment of each of the above units established on the instant real property was revoked.

F. Meanwhile, the Plaintiff received again KRW 44,750,00 from F on June 27, 2012, and on the same day.

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