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(영문) 의정부지방법원 2015.11.13 2015가합820
대여금
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. The Plaintiff is the Plaintiff’s Hahn and C’s son’s son’s son’s son, and the Defendant is E’s son’s son, and F is the father of the Plaintiff.

B. On February 22, 2006, C, E, and G purchased 5,038/5,038/20 of the 5,284 square meters of the 5,284 square meters of the 5,284 square meters of Nam-si, Nam-si, and on May 9, 2006, H purchased 123/2,642 of the above land and 99.2 square meters of the 1st floor storage facilities of the above land, and entered into a sales contract with 60 million won of the total purchase price, and C, E, and G completed the registration of transfer of ownership in the name of the defendant, a colon, E, of the above land and buildings.

On May 9, 2006, the above land was divided into 198 square meters, 5,038 square meters before J, and 48 square meters before K. On the same day, the land category on the same day is a warehouse site, and the land category was changed to the same day on the same day on the same day.

C. G and E borrowed each KRW 200 million from C due to the shortage of purchase funds at the time of the conclusion of the above sales contract.

C On December 22, 2006, in order to secure the above loan claims, on December 22, 2006, C completed the registration of creation of a neighboring mortgage, on April 4, 2008, on the maximum debt amounting to KRW 600,00,000 with respect to the land of 198 square meters and its ground buildings, J Pre-J 5,038 square meters, and K-road 48 square meters with respect to the maximum debt amount.

E. After that, C decided to set up a right to collateral security under the Plaintiff’s name on August 7, 2008, and completed the registration of establishment of a collateral security, which is the Plaintiff, with respect to the 198 square meters in I warehouse site and its ground buildings, the 5,038 square meters prior to J, and the 48 square meters in K road, with respect to the maximum debt amount of 720,000,000 won, and the debtor, the Defendant and the mortgagee

F. However, on April 24, 2013, the 5,038 square meters prior to J, Nam-si, Nam-si, where the registration of the establishment of the said mortgage in the Plaintiff’s name was completed, was divided into 2,309 square meters prior to J, L, 1,407 square meters prior to L, and 1,322 square meters prior to M. The said J was divided into 1,157 square meters prior to J, 157 square meters prior to J, and 1,152 square meters prior to N, and the said 1,322 square meters prior to M was divided into 912 square meters prior to M and 410 square meters prior toO on December 20, 2013.

G. On December 20, 2013, the Defendant divided by P as above.

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