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(영문) 수원지방법원안산지원 2019.09.20 2018가단62761
대여금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. As to each real estate listed in the separate sheet, which was owned by the Defendant (hereinafter referred to as “each of the instant real estate,” and each of the real estate is specified as a parcel number), the registration of establishment of a joint collateral security (hereinafter referred to as “registration of the primary collateral security”) was completed on December 29, 201 by the debtor, the mortgagee, the maximum debt amount of 70,000,000 won due to the contract on the same day under the receipt of No. 5714, Dec. 29, 201.

B. On May 19, 2017, the Defendant sold part of the shares in D and E in each of the instant real estate to C.

On June 21, 2017, the Plaintiff renounced part of each of the above lands among the registrations of the right to collateral security, and on June 22, 2017, the registration of the right to collateral security was cancelled.

C) On June 26, 2017, on the grounds of a sales contract concluded with the Defendant, C completed the registration of ownership transfer for part of shares (D:731/783, E: 853/1030 shares) of each of the above lands.

C. On June 22, 2017, the Defendant completed the registration of the creation of a joint collateral security (hereinafter “second collateral security registration”) with respect to the Plaintiff regarding F, G, and H of each of the instant real property, the Defendant, the Defendant, the mortgagee, the Plaintiff, and the maximum debt amount of KRW 30,000,000.

On July 17, 2018, the Plaintiff filed an application for voluntary auction on each of the instant real estate based on the first right to collateral security with the Suwon District Court branch.

(I) On September 3, 2018, the Defendant rendered a repayment deposit (No. 3151, No. 3151, 2018, hereinafter “instant repayment deposit”) pursuant to Article 487 of the Civil Act on the grounds that, in order to cancel the registration of 1,200,000 won for the registration of 1,00,000 won for the Plaintiff to cancel the registration of 1,200,000, the Defendant refused to receive the said deposit from the Suwon District Court, and then filed a lawsuit seeking the cancellation of the registration of 1,200,000 won for the second time (excluding the registration of D and E’s mortgage) with the Suwon District Court in the lawsuit seeking the cancellation of the registration of 2,000,000 won for 2,00

. The proposal was made.

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