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(영문) 의정부지방법원고양지원 2020.11.27 2020가합70857
근저당권말소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Fact-finding;

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by the Plaintiff. The registration of the establishment of a neighboring mortgage (hereinafter “instant mortgage”) was completed in the future of the Defendants as follows.

① On May 3, 2018, the maximum debt amount of KRW 170 million, the Plaintiff, the mortgagee, and Defendant B, the mortgagee B, and the mortgagee B, the maximum debt amount of KRW 85 million on October 8, 2018, the Plaintiff, and the Defendant C, the debtor, and the mortgagee C

B. Meanwhile, around November 2017, Defendant C filed a complaint with Defendant B and his wife on the charge of fraud, etc. on or around March 2018, respectively. The purport is that “E purchases gold and gold so on in cash, etc., and then reprocessed them at one’s own shop to re-processed them at one’s own shop, and then proceeds from selling at one’s own shop.” That said, the purport is that “E acquired money from the Defendants by deception, etc., on the ground that it would return money with high profits if it lends money to purchase.”

【Fact-finding without dispute over the ground for recognition, Gap evidence 1-1, 2, Eul evidence 1-3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant Eul filed a complaint against the defendant Eul on the ground of the claim in this case. After the plaintiff's complaint against the defendant Eul, the defendant Eul found the plaintiff's house and took a bath several times, and made the plaintiff's death and her death and her death were taken to the prison. The defendant Eul threatened Eul, while it does not mean that the plaintiff's death and her death were taken to the prison. The plaintiff's real estate owned by the plaintiff, which is a fraud, set up a right to collateral security of KRW 170,000,000,000 in real estate owned by the plaintiff, will not be withdrawn

E, which was not capable of checking the direction, had the Plaintiff completed the registration of the establishment of the mortgage of this case by requesting or requesting the Plaintiff to set up the right to collateral security in the real estate of this case.

B. Afterwards, when E was filed a complaint and detained from other creditors due to the suspicion of fraud, the defendant Eul sought G, the plaintiff's wife, and the interest amount to be paid by E is replaced by 1.6 million won.

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