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(영문) 창원지방법원 2018.10.11 2018가합50713
우선수익자지위부존재확인등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A acquired the ownership of each of the above lands after payment of the sale price on June 25, 2014, in the auction procedure for 13 land, including the G, H, I, J, K, K, L through M, N,O, P, etc. (hereinafter collectively referred to as “instant land”).

B. On March 3, 2016, Plaintiff A agreed to borrow KRW 300 million from S through R (hereinafter “First Rental Agreement”) and on the same day, Plaintiff A created a collateral with respect to the instant land at KRW 600 million with the maximum debt amount.

S, upon R’s request, remitted a total of KRW 150 million through the Defendant, as follows:

(hereinafter “1 remittance”). On March 3, 2016, the amount of the No. 44,500,000 R’s 2 U.S. 50,000,000 of T-44,500,000 on March 3, 2016, 3W 50,000,000 representative of executive officers of the “V religious organization” (hereinafter “V”) who is the person holding the building permit for the instant land of this case (hereinafter “V”), 450,000,000 V’s general secretary 4R 50,000,0005, Defendant 5,0005,000,000 for the establishment registration of mortgage creation (the Defendant is a certified judicial scrivener)

C. On June 3, 2016, Plaintiff A and the Defendant agreed to borrow KRW 400 million from the Defendant, instead of S, between Plaintiff A and the Defendant through R, and Plaintiff A agreed to borrow KRW 400 million from the Defendant (hereinafter “second-use contract”). The Defendant’s status B

On June 7, 2016, after entering into an agreement to be transferred the right to collateral security, the previous supplementary registration on the right to collateral security was completed in the future of the defendant.

At the request of R, the Defendant remitted the total of KRW 250 million as follows:

(hereinafter referred to as “second remittance”). The content of the date No. 5 (hereinafter referred to as “the amount”) No. 10,000,000 on June 3, 2016, which is 4Y 1,000 R on June 9, 2016, which is 5 Defendant 4,000,000 or 5,000,000 R on June 3, 2016 (hereinafter referred to as “No. 10,000,000) for the legal expenses of 10,000,000,0000 on June 10, 2016, 2007, V30,0007 on June 13, 2016, 2008 regarding the acquisition of the instant land right for the instant land development project for the land development project for 80,000 R/ 20,0000.

(d) Defendant, S, and R enter into an agreement around June 2016 as follows:

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