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(영문) 부산고등법원 2018.04.05 2016나55165
근저당권말소
Text

1. The plaintiff's primary claim added in the trial is dismissed.

2. The plaintiff's ancillary.

Reasons

1. Facts of recognition;

A. 1) The Defendant, who is the Plaintiff’s husband, was in charge of fund management in L operated by K, which is the Plaintiff’s husband, retired on January 15, 2013. 2) The Defendant, while working in L, lent money to the Plaintiff and the Plaintiff C (hereinafter “Plaintiff, etc.”) on several occasions in terms of the company’s operating funds, etc.

3) On December 28, 2012, the Defendant settled the outstanding loans of the Plaintiff, etc. and the Defendant at KRW 230,000,000,00, and thereafter, the Plaintiff, etc. shared 1/2 shares of each of the 1/2 shares, Busan Dong-gu, Busan, 401, and 402 (hereinafter “G lending”).

In lieu of the repayment of KRW 11,00,000, the ownership transfer registration was received in lieu of the repayment of KRW 111,000 (the agreement was made on December 26, 2012, but the ownership transfer registration in the future of the defendant was completed on January 2, 2013.

(4) On December 28, 2012, the date of the settlement of accounts, the Plaintiff et al.: (i) paid interest on the remaining loans of KRW 119,00,000 (=230,000,000 - KRW 111,00,000; hereinafter “the secured claim in this case”) to the Defendant on December 28, 2012; (ii) drafted and delivered the loan certificate (Evidence 1; hereinafter “the loan certificate in this case”) as of December 31, 2013, and K jointly and severally guaranteed the Defendant’s obligations, such as the Plaintiff.

5) On January 8, 2013, the Plaintiff et al. completed the registration of creation of a mortgage of this case regarding the loan of this case in which the Plaintiff et al. shared 1/2 shares as security of the secured debt of this case by the Defendant, with the maximum debt amount of KRW 120,000,000. B. On December 6, 2013, the Plaintiff et al., the Plaintiff et al., in lieu of payment of KRW 98,00,000 out of the secured debt of this case on December 6, 2013, in lieu of payment of KRW 98,00,000 among the secured debt of this case, the Plaintiff et al., shared 1/2 shares each of the two shares

the transfer registration of ownership was made to the defendant.

C. The Defendant filed an application for a voluntary auction against the Defendant’s loan of this case for the auction of the loan of this case, and accordingly, on March 11, 2015, Busan District Court I.

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