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(영문) 부산지방법원 2017.09.05 2017가단175
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. On January 6, 2017, this Court

Reasons

1. Basic facts

A. As to the real estate indicated in the attached list owned by the Plaintiff, whether the registration of establishment of a mortgage was completed on December 4, 2009, the maximum debt amount of which was KRW 30 million, the intervenor acquiring the right to collateral security (hereinafter “the instant mortgage”), and on June 30, 2010, with respect to the instant mortgage as to the instant mortgage on March 8, 2010, on the ground of a partial transfer of the confirmed claim as of March 8, 2010, the transfer registration of the F-based right to collateral security was completed on June 18, 2010, with respect to F-based share as to the transfer of the finalized claim as of June 22, 2010. The share transfer registration was completed in the name of the intervenor acquiring the right to collateral security on June 22, 2010.

With regard to the registration of collateral security in the name of the defendant, the registration was completed.

B. (1) When the Intervenor to take over transferred KRW 5 million to the Plaintiff’s his/her father’s father on July 24, 2012, he/she remitted KRW 400,000 to E, the Defendant’s money, and KRW 1 million on July 25, 2012, respectively. (2) When the Intervenor to take over transferred KRW 5 million to D on July 26, 2012, he/she remitted KRW 400,000 to D on July 26, 2012, and KRW 15 million on July 27, 2012, the Intervenor transferred KRW 50,000 to the Defendant Intervenor on July 26, 2012. (3) When the Defendant Intervenor transferred KRW 15 million to D on September 26, 2012, the Intervenor acquired KRW 500,500,000 on the same day, he/she transferred KRW 500,000 to D on the same day.

C. After the filing of the instant lawsuit, the registration of the transfer of the right to collateral security was completed on May 8, 2017 in the name of the Defendant Intervenor, on the ground of the transfer of the confirmed claim on September 27, 2012 with respect to the instant right to collateral security.

[Ground of recognition] Evidence Nos. 1, 3, Eul No. 1-1, 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s G borrowed KRW 60 million from the Defendant Intervenor and borrowed KRW 60 million from the Defendant Intervenor, and the maximum debt amount regarding the instant collateral security and G’s property owned by the mother.

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