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(영문) 서울남부지방법원 2018.11.06 2017가단257337
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 2017, the Plaintiff received from D a bid for a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) from D, which is a site for light sale, and was delivered the instant motor vehicle by transferring KRW 40 million to the account in the name of D, and KRW 13 million on January 25, 2017, to D’s account in the name of E.

B. However, upon the F’s request for lending money from the F, D proposed to obtain a loan using the instant vehicle. The F, under its own name, was unable to obtain transfer of ownership, upon request from Dong G, and it was paid KRW 70 million from Defendant Hyundai Capital Co., Ltd. (hereinafter “Defendant Hyundai Capital”) on January 16, 2017 to D with a loan of KRW 70 million, and G was not paid to D with a loan of KRW 70 million. It was not paid to Defendant Hyundai Capital Co., Ltd., Ltd. (hereinafter “Defendant Hyundai Capital”), but it was remitted to Defendant Hyundai Capital Co., Ltd., which arranged the middle loan between Defendant Hyundai Capital and G, and was paid as the successful bid price for the instant vehicle.

On January 17, 2017, the ownership transfer registration of the instant motor vehicle was completed in the G name.

C. On January 17, 2017, G acquired the ownership of the instant vehicle and completed the registration of creation of a collateral security right of KRW 14 million with the bond bond value of KRW 14 million against Defendant Hyundai Capital on January 17, 2017. On January 24, 2017, G borrowed KRW 50 million from Defendant Smart Savings Bank Co., Ltd. (hereinafter “Defendant Smart Savings Bank”) from Defendant Smart Savings Bank and completed the registration of establishment of a collateral security right of KRW 50 million with the bond value of KRW 50 million on the same date.

(hereinafter referred to as “the aggregate of the collateral security established by the Defendants”) is each of the instant collateral security rights (hereinafter referred to as “the instant mortgage”).

F. On October 2017, 2017, F and G came to know of the fact that the Plaintiff was offered a loan to G as collateral for a motor vehicle sold byman or D to the Plaintiff, and promised to return the name of the instant motor vehicle to the Plaintiff. On October 10, 2017, the Plaintiff as to the instant motor vehicle.

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