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(영문) 서울남부지방법원 2016.01.15 2015가단218864
근저당권설정등기회복등기
Text

1. On April 201, 2014, the Defendant, as to each real estate listed in the separate sheet, shall be the Seoul Southern District Court Gangseo-gu registry office.

Reasons

1. Facts of recognition;

A. On June 7, 2013, the Plaintiff lent KRW 100 million to C (hereinafter “instant loan”) and completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of the instant case”) with respect to the real estate indicated in the attached list owned by the Defendant, a deceptive act of the Defendant, the Seoul Southern District Court, the Gangseo-gu District Court No. 33820, Jun. 7, 2013, against the maximum debt amount of KRW 150,00,000,000,000,000,000,000,000).

B. On March 20, 2014, C was unable to obtain the tenant due to the registration of the establishment of the first place of the instant loan to D who represented the Plaintiff. In addition, C borrowed KRW 25 million from the Jeju-do tenant to repay the amount of KRW 100 million with the deposit received from the tenant. On that occasion, C and H loaned the money to build a new building on the Gangseo-gu Seoul Metropolitan Government E Site and F Site (hereinafter “each of the instant lands”) with the Dong business. In addition, C and H lent the money to G and H, instead of cancelling the registration of the establishment of the creation of the instant neighboring land, the Plaintiff proposed to establish a collateral security on the land owned by G and H.

C. The Plaintiff accepted the foregoing proposal and lent KRW 24 million to G and H separate from the instant loan, and completed the registration of creation of a neighboring mortgage with respect to each of the instant lands and the relevant ground buildings, which was made by the debtor G, H and the Plaintiff as the mortgagee (hereinafter “registration of creation of a neighboring mortgage of the second neighboring site”).

On April 22, 2014, the registration of the establishment of the instant neighboring building was cancelled, and C notified D that it would directly input the instant land into the new construction work instead of having the Plaintiff repay the loan to the Plaintiff after receiving the lease deposit, and having the Plaintiff lend the loan to G and H. However, C actually used the lease deposit for any other purpose.

G and H made the Plaintiff as the principal deposit on December 16, 2014, with the Seoul Southern District Court Decision 2014No. 6576, the loan amount of KRW 24 million and interest thereon.

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