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(영문) 부산고등법원 2017.01.19 2016나55400
근저당권말소
Text

1. Revocation of a judgment of the first instance;

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

Reasons

The relationship between the parties concerned is a non-profit corporation established pursuant to the Community Credit Cooperatives Act (hereinafter referred to as the “Defendant’s Treasury”). The Plaintiff served as the president of the Defendant’s Treasury from February 22, 2008 to February 22, 2012.

The fact that the employees in charge of lending the Defendant’s credit cooperative, such as the establishment of a non-performing loan and the establishment of a mortgage on the real estate owned by the Plaintiff, were found to have violated the credit business regulations of the Defendant’s credit cooperative from 2010 to 2013, and thus, they exceeded the lending limit of the same person or exceeded the collateral approval ratio (hereinafter “instant loan”). The officers and employees of the Plaintiff and the Defendant’s credit cooperative were audited by the Central Headquarters of

As a result, the defendant was found to incur loss to the defendant's credit cooperative due to the bad loan of the defendant's employees, and the defendant demanded the plaintiff and other executives and employees to provide real estate as collateral for the purpose of compensating for the loss and completed each of the real estate stated in the attached list owned by the plaintiff as to ① the registration of the Ulsan District Court and the maximum debt amount of 30 million won due to the contract on the same day as of February 15, 2013, the registration of the Ulsan District Court, ② the registration of the Ulsan District Court and the registration of the establishment of the mortgage, ② the maximum debt amount of 20 million won due to the contract on the same day as of April 8, 2013, and the mortgage owner's registration of the establishment of the mortgage (hereinafter referred to as the "registration of each mortgage of this case"), respectively.

On April 5, 2013, the Plaintiff drafted a letter of approval and performance of the obligation (hereinafter “instant letter of discharge”) to the Defendant’s Treasury.

The Ulsan-do Seoul Special Metropolitan City Headquarters for Non-prosecution Measures against the Plaintiff’s occupational breach of trust, etc. is the head of the Ulsan Special Metropolitan City Headquarters around November 2013 and the officers and employees in charge of loans at the time of the Plaintiff.

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