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(영문) 인천지방법원 2020.09.10 2019가단32926
근저당권설정등기말소
Text

The defendant shall receive on March 20, 2012 from the Incheon District Court's reinforcement registry office with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 20, 2012, the Plaintiff requested a credit service company D (hereinafter “Nonindicted Company”) to lend money. On March 20, 2012, the Defendant entered into an agreement with the Defendant to grant a loan of KRW 10 million to the Plaintiff by setting the interest rate of KRW 2.5% per month and by September 20, 2012 (hereinafter “instant loan agreement”).

At the time, the plaintiff prepared an agreement on the loan of this case with the employees of the non-party company at the office of the non-party company, and the defendant did not attend

B. On March 20, 2012, the Plaintiff provided the Nonparty Company with documents related to the establishment of the right to collateral security on the real estate listed in the separate sheet (hereinafter “instant apartment”) owned by the Plaintiff, and entered into a mortgage agreement with the Defendant on the instant apartment, and on March 20, 2012, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) was completed with respect to the instant apartment as to the instant apartment.

C. On March 21, 2012, Nonparty Company remitted KRW 9 million to the Plaintiff via a deposit account in the name of “E” to the Plaintiff.

The Plaintiff remitted KRW 250,00 per month to the deposit account in the name of “E” designated by the Nonparty Company as interest pursuant to the instant lending agreement, and the Nonparty Company remitted the remainder KRW 150,000 per month to the Defendant, excluding fees, in the name of the Plaintiff.

E. On January 21, 2013, at the office of the non-party company, the Plaintiff repaid the non-party company KRW 10 million, including the principal of the instant loan, to the non-party company on the same day, and received a receipt stating the non-party company’s KRW 10 million, the repayment of the loan on March 20, 2012, and the non-party company’s agent’s agent.

F. On January 17, 2015, the non-party company remitted to the Defendant the Plaintiff KRW 3 million under the name of the Plaintiff as the instant loan, and KRW 3 million on June 19, 2015, respectively, and thereafter, remitted KRW 120,000 to the Plaintiff’s name as interest.

G. The Plaintiff.

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