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(영문) 창원지방법원 2016.06.14 2016가단1529
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On February 22, 2010, the Defendant entered into a credit transaction agreement with respect to B and B as to KRW 800,00,000, and on February 8, 2007, set the above amount of KRW 970,000,000 to B as of May 7, 2008, and the Defendant borrowed the above amount of KRW 970,000,000 to B as of May 7, 2008. (2) The Defendant did not pay the above amount to the Defendant. The Defendant filed an application for payment order for loans with the Changwon District Court Decision 2010,146, Changwon District Court on January 22, 2010, the above court issued the payment order for loans with KRW 741,406,805,000, and KRW 436,267,000,000 as of KRW 10,000,000.

3) On February 5, 2008, B owned by the deceased C on February 5, 2008, ① 172 square meters in D, 172 square meters in Gyeong-gun, Chungcheongnam-do, and ② 7.7 square meters in 11.7 square meters in 2nd floor, 77.7 square meters in 2nd floor, ③ E 1,797 square meters in 2nd, ④ 1,554 square meters in 1,554 square meters in 1,554 square meters in Gyeong-gun, Gyeong-gun, Gyeong-nam, and ⑤ 383 square meters in G, 625 square meters in 225 square meters in H, 71 square meters in 631 square meters in I, J, 5,455 square meters in 4,90/5 and 455

(4) On December 5, 2008, the network C completed the registration procedure for cancellation of the registration of creation of a neighboring mortgage as stated in paragraph (3) of the above Article on the ground of partial renunciation of the real estate as to December 5, 2008, with the maximum debt amount of KRW 150,000,000, the debtor B, and the mortgagee C as the mortgagee, and the mortgagee C, and the Changwon District Court hereinafter the registration office of establishment of a neighboring mortgage was completed as of February 5, 2008. 5) B again completed on December 5, 2008, the registration procedure for cancellation of the registration of creation of a neighboring mortgage as stated in paragraph (3) of the above Article, on the ground that the real estate was partially renounced, as to the real estate on December 1 through 7, 2008.

6. On May 4, 2009, the deceased C transferred the instant right to collateral security to the Plaintiff on the ground of transfer of contract, and completed additional registration, and on January 6, 2010, the said right to collateral security was registered.

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