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(영문) 대구지방법원 2013.06.11 2012가합12256
근저당권설정등기말소
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. The defendant Hoeul Saemaul Fund shall be from the plaintiff 3,600.

Reasons

1. Basic facts

A. The Plaintiff is the present owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and the Defendants are the parties who completed the registration of the establishment of neighboring real estate before the Plaintiff acquired ownership of each of the instant real estate.

B. On September 2002, Nonparty C Co., Ltd. (hereinafter “C”) completed the E-building on the ground of Daegu Northern-gu D (hereinafter “E building”) including each of the instant real estate, and completed the registration of the preservation of ownership on October 15, 2002.

C. Before completion of the building building, C received several recommendations from the Defendant Seocho Saemaul Community Depository (hereinafter “Defendant Saemaul Community Depository”). On October 11, 2002, upon entering into an agreement with the Defendant Saemaul Bank to adjust the existing loans by means of substitute loan, Nonparty F (C representative director), Nonparty G (C director), Nonparty J (I representative director of the International Company), Nonparty J K (G representative director), Nonparty K (G’s wife), and Nonparty L (G’s wife’s wife) with loans of KRW 600,000 each, and KRW 330,000,000 each, with loans of KRW 3,930,000,000,000, total amount of loans of KRW 330,000 per annum (interest rate), 222% per annum, and 20% per annum, and 101.1.04.

(2) The loan of this case (hereinafter “the loan of this case”) was concluded on March 18, 2002 with the Defendant’s Treasury for the first time. At the time, the debtor was decided to be F, etc. in order to avoid the restriction on the lending limit to the same person of the Defendant’s Treasury (see, e.g., Seoul High Court No. 1-1, No. 2010Na37457, Jan. 1, 200), and even thereafter, the loan of this case was made with the said F, etc. as the debtor, and barring any special circumstance, C is deemed the debtor of the loan of this case, barring any special circumstance.

The Defendant Treasury shall register the establishment of a neighboring mortgage on the site of the E- building in accordance with the exchange loan agreement of this case.

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