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(영문) 서울중앙지방법원 2017.09.22 2017가단11474
청구이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 8, 2013, the Plaintiff completed the registration of creation of a mortgage consisting of the Plaintiff’s share amounting to KRW 2.7 billion with respect to the maximum debt amount, the obligor, and the Defendants as the mortgagee, out of KRW 34,680 square meters of land D with the wife population and KRW 866 square meters of land E (hereinafter collectively referred to as “each of the instant real estate”).

B. On July 29, 2015, a notary public signed a notarial deed under a monetary loan agreement between the Plaintiff and the Defendants (hereinafter “notarial deed of this case”) with the terms that the Plaintiff borrowed KRW 100 million from the Defendants on February 2, 2015, setting the due date for repayment as February 2, 2016, as the document No. 663, which was drafted on July 29, 2015.

C. On February 2, 2015, the Defendants issued a receipt to the Plaintiff that the Plaintiff received KRW 195 million from the Plaintiff’s loans on each of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) The plaintiff borrowed KRW 145 million from the defendants around August 8, 2013 because it is necessary to deposit money to suspend the execution, and the sum of the above borrowed money and the interest amount is KRW 27 million against the defendants.

The right to collateral security was established.

(2) On February 2, 2015, the Plaintiff repaid the Defendants KRW 195 million to the Defendants, but the Defendants did not cancel the right to collateral security. On July 1, 2015, the Plaintiff purchased and sold the said D Forest with other co-owners and completed the registration of transfer of ownership to G, and the Defendants did not make it possible for the Defendants to not cancel the right to collateral security unless the said notarial deed is prepared and notified.

(3) If so, the notarial deed of this case was made only to cancel the right to collateral security, and thus, the plaintiff's intention is not true.

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