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(영문) 서울고등법원 2017.06.23 2016나2085157
근저당권설정등기말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. From November 18, 2009, the Defendant Party E was in charge of a master pastor of C religious organization D (hereinafter “D religious organization”) from D religious organization D (hereinafter “D”). From July 31, 2009 to July 2013, the Defendant was in charge of a master pastor of C religious organization FIE (hereinafter “FIE”), and the Defendant is a student of G who is the wife E.

B. The Plaintiff’s guarantee bond 1) Plaintiff (former Mutual Savings Bank (Seoul Mutual Savings Bank, Ltd., Ltd., Ltd.) (hereinafter “instant loan”) determined on April 8, 201 as the due date for repayment on May 8, 2012 and extended a loan of KRW 2.6 billion to the Fluent Association (hereinafter “instant loan”) (hereinafter “instant loan”).

(2) On the same day, Diplomatic Association concluded a comprehensive collateral security contract with respect to the Plaintiff’s debt of the instant loan up to KRW 3.4558 million. 2) The Plaintiff entered into a real estate trust contract with the Financial Association and the Asian Trust Co., Ltd. with respect to the I Religious Site No. 2160.2 square meters (hereinafter “instant trust property”) owned by the Financial Association in order to secure the payment of the instant loan.

3) Around May 8, 2014, the due date for which the instant loan obligation has been extended, the FIC failed to repay the said loan, and around July 2014, the public auction procedure regarding the instant trust property was initiated. On or around August 6, 2014, the Plaintiff purchased the relevant loan in the said public auction procedure, and acquired ownership by paying the purchase price of KRW 1,949,748,519, which was paid as dividends. The principal and interest remaining as of August 13, 2014, remaining as of August 13, 2014 after appropriating the said dividends to the principal and interest of the instant loan, are KRW 914,269,07. (c) DIC completed the establishment registration of the instant mortgage regarding the instant real estate owned by itself.

2) Meanwhile, a loan certificate as of December 31, 2013 between Diplomatic Association and the Defendant (hereinafter “instant loan certificate”) (hereinafter “instant loan certificate”).

A. The content has been drawn up by Diplomatic Association from the defendant.

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