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(영문) 서울고등법원 2015.09.04 2014나61335
근저당권설정등기말소
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 203,152,128 won from the plaintiff and 199,962.

Reasons

Basic Facts

The Plaintiff is the owner of Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government F. 82.6 square meters and 49.59 square meters of multi-story housing (hereinafter “F real estate”) and real estate in the attached Table (hereinafter “instant real estate”).

On March 2012, the Plaintiff asked H to provide loan service of KRW 700,000,000 or KRW 800,000 as collateral for the said real estate, and asked H to allow H to borrow the said money from KRW 3 and 4.

On March 13, 2012, according to the direction of H and E certified judicial scrivener, the Plaintiff drafted a creditor’s each contract to establish a mortgage and a loan certificate and a promissory note, etc. in the official space of the creditor. On the same day, as indicated in the table, the registration of establishment of a mortgage over the instant real estate C, G, and the Defendant was completed.

(2) The Defendant received each loan certificate, the face value of which is KRW 150,000,000, and the face value of which is KRW 200,000,000, and each promissory note, the face value of which is KRW 300,000, and each promissory note, the maximum debt amount of which is KRW 150,000,000 for the instant real estate, and the mortgage contract, the maximum debt amount of which is KRW 300,000,00 for the instant real estate, and the maximum debt amount of which is KRW 300,00,000 for the instant real estate, respectively.

CF Plaintiff transferred money to C in the name of C 200,000,000 won, 250,000,000,000 won in the name of D, and 250,000,000 won in the name of E Certified Judicial Scriveners’s name. However, the amount was 176,684,670 won in the name of E Certified Judicial Scriveners, but this amount was 250,000,000 won after deducting the expenses that the Plaintiff had to pay from 250,000,000 won, and there is no dispute between the parties.

을 각 지급받아 합계 700,00ㅎ0,000원을 지급받았다.

On May 16, 2012, the Plaintiff remitted total of KRW 600,000,000 to C, and KRW 300,000,000 to G, and KRW 100,000,000,00 to the Defendant, respectively, and each of the above establishment registration established on F Real Estate was cancelled on the same day.

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