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(영문) 수원지방법원평택지원 2017.07.24 2016가합839
대여금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The parties concerned C is the Plaintiff's great accumulated, D is the Plaintiff's second accumulated, E is the spouse, and F is the spouse of the Plaintiff's third accumulated.

G is the Plaintiff’s seat, H is the Defendant’s seat, and G and H are the branch personnel of each other.

The defendant holds 1,79,150/150 shares in Jinsung-si Jin Park 1,79,74,704 square meters (hereinafter referred to as "J prior to subdivision") among the real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case", and the individual real estate is specified as "real estate" in the same list according to the same list) as the grandchildren of I who owned enormous land in Ansan-si, and held 1,79,970/150 shares in Jinsung-si, Jinsung-si (hereinafter referred to as "J prior to subdivision") on April 14, 2005, and owned 69,970/150 shares in J prior to subdivision and owned 719,805/1,79,150 shares in total.

The J prior to subdivision was divided into the 9th of July 9, 2009 and the 12th of July 2009.

From April 30, 204 to May 31, 2009, the Defendant established the previous loan for consumption and the right to collateral security over 63 occasions borrowed money from K (spouse), L (spouse), M (son), N (child), P (child relationship), P (child relationship), Q (child relationship), G, etc., and set up a loan certificate of a total of 3.77 billion won for each obligee in the future.

However, the preparation and delivery of a loan certificate and the receipt of money are limited to both the defendant and H. The defendant did not know who the remaining creditors except K, Q and G were all other creditors, and the payment of interest to creditors was also replaced by H.

On April 30, 2004, the defendant completed the registration of creation of a mortgage over the real estate from Nos. 1 to 8 on April 30, 2004 with the maximum debt amount of 35 million won, creditor K and debtor.

On January 3, 2005, the defendant completed the registration of creation of a neighboring mortgage against the creditor, K, and the debtor with respect to the real estate Nos. 1 through 8 on January 3, 2005.

The defendant shall conduct the immovables of February 1 through 8, 2005.

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