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(영문) 창원지방법원 2019.01.31 2016가단117585
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 2, 2010, the Defendant completed registration of credit business in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users and has been running credit business.

B. On January 27, 201, the Plaintiff prepared a loan certificate stating that “the Plaintiff borrowed KRW 44,00,000 from the Defendant as of December 31, 201 and 3% of the interest month (payment on December 31, 201) from the Defendant (payment on December 27, 2012), and the Plaintiff did not pay the principal and interest, 39% per annum (hereinafter “the instant loan certificate”).

C. On January 27, 2011, the Defendant remitted KRW 44,000,00 to the account under the name of a certified judicial scrivener E used by D. D.

Meanwhile, with respect to three parcels, including the 473 square meters and 473 square meters, owned by the Plaintiff, the establishment registration was completed near the maximum debt amount, 220,000,000 won, the debtor, the debtor, the mortgagee G, and H. However, on January 27, 2011, the said establishment registration was revoked on the grounds of termination on December 8, 2015.

E. On December 16, 2015, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring real estate”) against the Defendant on the attached real estate indicated on the attached real estate (hereinafter “instant real estate”) as the Head of Changwon District Court’s receipt of the Kim Sea Registry of KRW 149096, the maximum debt amount of KRW 66,000,000, the debtor, the Plaintiff, and the mortgagee as the Defendant.

F. From March 7, 2011 to August 28, 2012, the Plaintiff repaid 880,000 won to the Defendant each over fourteen times, and thereafter, on January 21, 2016, the Plaintiff additionally repaid KRW 15,618,00 to the Defendant.

G. On August 5, 2016, the Defendant filed a lawsuit against the Plaintiff for the payment of KRW 44,00,000 (hereinafter “instant loan”) on January 27, 2011, based on the instant loan certificate (hereinafter “the instant loan”). On September 5, 2018, the said court filed a lawsuit against the Defendant for the payment of KRW 98,81,230 (= Principal KRW 44,00,000, KRW 54,81,230) and the leased principal.

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