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(영문) 창원지방법원마산지원 2015.05.13 2014가단966
대여금 등
Text

1. Within the scope of the property inherited from the net G, the Plaintiff, Defendant D’s KRW 12,857,142, Defendant E and F respectively, 8,571.

Reasons

1. Basic facts

A. On August 21, 2006, the Plaintiff lent KRW 30 million to the G G, and agreed on October 21, 2006 at the maturity of payment on October 21, 2006 as interest rate of KRW 4%, and completed the registration of creation of a collateral security right (hereinafter “instant collateral security right”) in the name of the Plaintiff on August 31, 2006 with respect to the third floor of Howon-si, Changwon-si, Howon-si, which was owned by the Dong G on August 31, 2006 (hereinafter “302”) and Nos. 502 of the fifth floor (hereinafter “502 collateral security right”).

B. Meanwhile, on May 17, 2006, before the establishment of the instant right to collateral security, the provisional registration of the right to claim ownership transfer was made under the name of I on September 19, 2006, and on September 26, 2006, the principal registration of ownership transfer was made under the name of Defendant B on September 26, 2006, and accordingly the instant right to collateral security was revoked.

C. On May 24, 2006, before the establishment of the instant right to collateral security, on May 24, 2006, the provisional registration of the right to claim transfer of ownership was made under the name of Defendant C (hereinafter “instant provisional registration”), and on September 11, 2006, the principal registration of the right to collateral transfer was made under the name of Defendant C, and accordingly the instant right to collateral security was revoked.

The deceased on February 12, 2013, Defendant D, E, and F were jointly inherited by Defendant D, E, and F, their wife and children. The inheritance shares were 3/7, 2/7, 2/7. The said Defendants reported the qualified acceptance on March 15, 2013 at Changwon District Court Msan Branch, and accepted the qualified acceptance on March 21, 2013.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination as to the primary claim against Defendant B and the claim against Defendant C

A. The provisional registration of this case’s assertion is a provisional registration for the purpose of collateral security, and Defendant B and C registered the transfer of ownership without following liquidation procedures, such as notification of the appraised value of liquidation money under Articles 3 and 4 of the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”). In this case, the mortgagee is a mortgagee.

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