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(영문) 대구지방법원 2016.09.07 2016가단105906
부인의 소
Text

1. The part of the claim seeking the declaration of denial among the instant lawsuits shall be dismissed.

2. The defendant shall be the plaintiff.

(a) annex.

Reasons

1. The fact of recognition A, since July 1979, has been running the retail business of the departure engine, was closed in around 2007 due to the aggravation of management situation.

On August 8, 2014, A filed a petition for bankruptcy with the Daegu District Court 2014Hadan3478, and the above court declared bankrupt against A on June 25, 2015, and appointed the Plaintiff as the bankruptcy trustee of A.

A acquired each of the instant real estates listed in the separate sheet on August 18, 1980 (hereinafter “each of the instant real estates”). On January 27, 2004, A took out a loan of KRW 10,000,000 from the Namsan-dong Saemaul Bank of Korea on January 27, 2004, and entered into a mortgage agreement with the said credit cooperative with a maximum debt amount of KRW 13,00,000,000. As to each of the instant real estates, A completed the registration of collateral security by the Daegu District Court No. 2290, Jan. 27, 2004.

A from 204 to 2006, a check traded from around 2006 was in default, and the same year from February 10, 2006 from the Defendant.

6. To borrow a total of KRW 79,460,000 in total from February 28, 2006 to the same year; and

6. In order to secure the payment of KRW 28,460,000 as a sum of 51,00,000, the Defendant entered into a mortgage contract with the Defendant on July 28, 2006 with the maximum debt amount of KRW 30,00,000. As to each of the instant real estate, the Daegu District Court completed the registration of creation of a mortgage on January 27, 2004 as the receipt of No. 2290 of the registration date of the Daegu District Court on January 27, 2004. The Plaintiff borrowed KRW 15,730,000 in aggregate from July 31, 206 to April 6, 207, and purchased KRW 116,00,000 in aggregate from August 29, 2006 to June 8, 207, each of the instant mortgages was paid with the District Court on July 208, 2007.

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