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(영문) 수원지방법원 2018.10.12 2017가합25126
근저당권설정등기말소 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. Cases in which this Court applies for the suspension of compulsory execution.

Reasons

1. Basic facts

A. In order to secure the Plaintiff’s debt for the loan to the Defendant, the said Plaintiff completed the registration of establishment of a mortgage over the maximum debt amount of KRW 195 million to the Defendant under the receipt of the said registry No. 459 on January 2, 2015, the registration of establishment of a mortgage over each maximum debt amount of KRW 300 million to the Defendant as the receipt of the said registry No. 461, and the Plaintiff B completed the registration of establishment of a mortgage over the respective maximum debt amount of KRW 421/709 shares among the respective real estate listed in the separate sheet No. 2, 10, and each real estate listed in the separate sheet No. 7, and 8.

(hereinafter collectively referred to as “the instant real property,” each of the above collateral security rights (hereinafter referred to as “each of the instant collateral security rights”), and the Plaintiff A’s loan obligation against the Defendant, which is the secured obligation (hereinafter referred to as “the instant loan obligation”).

Plaintiff

A and the Defendant sold land and its ground, F, G, H’s land, F, H’s ground buildings, J’s land and its ground buildings, K’s land and buildings, and the Plaintiff’s I land, etc. owned by the said Plaintiff (hereinafter “E, etc.”) to raise funds for the repayment of Plaintiff A’s obligations, including the instant loan loan obligations, since the Plaintiff’s credit status is not good, and thus, the Plaintiffs and the Defendant agreed to obtain a loan from a financial institution, as they were unable to obtain a loan from the financial institution due to transfer of ownership in the name of the Defendant, etc.

C. On January 26, 2016, the Plaintiffs registered the transfer of ownership under the Defendant’s name with respect to E, etc., and the Defendant obtained a loan of KRW 700 million from a financial institution as collateral and gave the Plaintiff A a license.

[Reasons for Recognition] Facts without dispute, Gap 3, 10 evidence (including provisional number), the purport of the whole pleadings

2. The Plaintiffs asserted on June 20, 2016.

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