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(영문) 의정부지방법원 2019.03.28 2018가단119810
부인의 결정에 대한 이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 21, 2013, the Plaintiff lent KRW 70,000,000 to B, with interest rate of KRW 3% per month and the loan period of June 2014.

B. On June 18, 2013, the Plaintiff concluded a mortgage contract with the maximum debt amount of KRW 84,000,000 with respect to the land indicated in attached Table No. 1 (hereinafter “instant land”) and 56.80 square meters with respect to a house of the strekede roof on the ground, which is the only property owned by B, as the secured debt, between B and B, and completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of the Plaintiff’s title No. 1”) under the title of the Plaintiff as of June 19, 2013 as of June 19, 2013.

C. Since then, around 2015, B removed the previous building of this case and newly constructed a building listed in attached Table 2 (hereinafter “instant building”) on the ground of the instant land, and completed the preservation registration on June 2, 2015.

On May 30, 2015, the Plaintiff and B entered into a mortgage agreement that adds the instant building as a joint collateral for the purpose of securing existing debts, and on June 2, 2015, on the instant building, on June 2, 2015, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of the instant second neighboring mortgage”).

E. Meanwhile, since around 2011, B had been in excess of the obligation at the time when B completed the establishment registration of the first and second places of creation of a mortgage on the company’s debt, by taking the joint and several liability for the said company’s debt as the representative director.

F. B, on January 3, 2014, filed a petition for bankruptcy with the court below 2014Hadan18, and was declared bankrupt on January 28, 2015, and the Defendant was appointed as a trustee in bankruptcy.

G. On January 11, 2016, the Defendant filed a claim for denial against the Plaintiff under this Court’s 2016.1 regarding the instant contract to establish the first and second collateral mortgage contract.

This Court. This Court shall, on 2018.

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