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Reasons
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(영문) 수원지방법원여주지원 2019.02.12 2018가단4064
근저당권말소등기
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The instant real estate was owned by C (hereinafter “C”), and the said company was operated by E, a husband of the representative director D.

On May 10, 2013, the Defendant lent 60 million won to E at the interest rate of 2% per month under the name of F, D, which set up a collateral security right of KRW 150 million with respect to the instant real estate in the future.

The Plaintiff had a claim against E, and the Plaintiff and E agreed on November 30, 2015 to purchase the instant real estate as a special agreement for repurchase.

In addition, the plaintiff received a loan from the above real estate as collateral and repaid the debt to the defendant of E, and the plaintiff shall repay a maximum of 60 million won out of the debt of E, and the remainder shall be repaid by E.

(A) On April 6, 2016, the Plaintiff and E agreed to set up and grant a letter of loan of KRW 40 million to the Defendant on April 6, 2016. The Plaintiff and E agreed to pay KRW 70,000,000, which is the aggregate of KRW 60,000 of the principal and interest of E’s debt, to the Defendant; KRW 30,000,000,000, which is the remainder of KRW 40,000,000,000,000,000,000,000,000

(2) On April 8, 2016, the Plaintiff paid KRW 30,000 to the Defendant prior to the date of the instant agreement (hereinafter “instant agreement”). On April 14, 2016, the Plaintiff issued a loan certificate of KRW 40,000 to the Defendant, and completed the instant collective security registration of KRW 50,000,000 to the Defendant regarding the instant real estate on April 14, 2016.

On July 4, 2018, the Plaintiff deposited 30 million won to the Defendant.

(Reasons for recognition) Facts without dispute, entry of Gap evidence 1 through 4, 12, and purport of the whole pleadings.

At the time of the Plaintiff’s assertion, the principal and interest of the Defendant’s claim against the Defendant E was KRW 70 million (principal KRW 60 million, interest KRW 10 million).

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