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(영문) 부산지방법원동부지원 2014.03.21 2013가합100001
청구이의
Text

1. The defendant's notary public against the plaintiff A of 202 No. 315 prepared by the defendant on September 11, 2002 by the newly incorporated law firm.

Reasons

1. Basic facts

A. On September 11, 2002, the Plaintiff A written the notarial deed of promissory note A (hereinafter “instant notarial deed”) issued to the Defendant a notarial deed as follows with the 2002 No. 315 of the 2002 No. 315 prepared by the notary public in the new form of the law firm.

Par value KRW 100 million, issue date September 11, 2002, September 11, 2003, Plaintiff A and Defendant

B. Plaintiff B’s establishment of the right to collateral security (1) around 2003, the Defendant filed a fraudulent complaint against Plaintiff A. In the above criminal case, the Plaintiffs and the Defendant drafted a written agreement on September 12, 2003, and the gist of the agreement is as follows.

The Defendant had lent KRW 100 million to the Plaintiff on September 11, 2002, but did not receive the payment, and filed a complaint with the Yongsan Police Station. The apartment owned by the Plaintiff, a female student of the Plaintiff A [Attachment List No. 402 (Real Estate indicated in Attached List No. 402, hereinafter “the instant real estate”).

) The collateral security was created and the 30 million won was preferentially repaid until October 30, 2003, and the 60 million won was repaid each year from January 1, 2004 to December 31, 2006, and the remaining 10 million won was repaid until December 31, 2007.

(2) According to the above agreement, the Plaintiff B completed the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to the instant real estate by the Busan District Court No. 89673, Sept. 17, 2003, the maximum debt amount of KRW 100 million, the debtor A, and the mortgagee A as the defendant.

(3) On August 8, 2012, the Defendant applied for a voluntary auction based on the instant right to collateral security with respect to the instant real estate to the instant court, and received a voluntary decision to commence the auction on August 9, 2012.

(F) / [Reasons for Recognition] A. 1, 3, 5 and 6, each entry, and the purport of the whole pleadings, without any dispute

2. The party's assertion and judgment

A. The plaintiffs asserted as follows. (1) The plaintiffs asserted as follows, and thus, the loans of this case as a credit for a prompt term.

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