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(영문) 서울중앙지방법원 2016.01.22 2014가합44203
대여금
Text

The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The Defendant, on September 4, 2004, purchased 43,931 square meters of D forest 43,931 square meters (2,00 square meters of E forest 7,286 square meters and 10,189 square meters of F forest 10,000 square meters of F forest 7,286 square meters on July 12, 201 after the division from C, and received the entire forest hereinafter “instant land”) on October 4, 2004.

(A) No. 5-1, 2, 3). On October 4, 2004, the date on which the Defendant completed the registration of ownership transfer as above, the registration of the establishment of a mortgage consisting of the maximum debt amount of 240,000,000 won with respect to the land of this case, and the debtor, the defendant, and the Han Bank Co., Ltd. was completed.

(B) On January 31, 2008, with respect to the instant land, the establishment registration of a neighboring mortgage was completed on January 31, 2008, with respect to the instant land, KRW 250,000,000,000 for the maximum debt amount, KRW 250,000 for the debtor and the mortgagee, and KRW 330,000 for the maximum debt amount on March 31, 2009, KRW 330,000 for the debtor and the mortgagee, and KRW H for the debtor and the mortgagee (this cancellation on May 16, 2011), and the establishment registration of a neighboring mortgage was completed on March 2, 2010 with respect to the instant land as the maximum debt amount, KRW 525,00,000 for the maximum debt amount, KRW 325,000,000 for the debtor, the defendant and the mortgagee of the right to collateral security.

(B) On November 8, 2011, the Defendant sold the instant land to I for KRW 700,000,000,000, and completed the registration of ownership transfer on November 10, 201. On November 23, 2011, the establishment registration was completed for the debtor I and the Korea Exchange Bank Co., Ltd. with the maximum debt amount of KRW 520,000,000,000, and on November 23, 2011.

(No. 5-1, 2, 3) Afterwards, the land of this case was sold to K on July 2, 2015 at the end of the commencement of the judicial auction procedure at the request of the Bank of Korea Overseas Exchange Co., Ltd. by the mortgagee of the right to collateral security on the land of this case, and the ownership transfer registration was completed on the same day on the same day.

(A) Evidence Nos. 5-1, 2, and 3. [Grounds for Recognition] did not dispute, Gap evidence Nos. 5-1, 2, and 3, and the defendant's assertion on the whole purport of the pleadings.

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