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(영문) 대전지방법원 홍성지원 2021.01.13 2019가단35551
근저당권말소
Text

1. The defendant on June 4, 2007, on the real estate stated in the attached list to the plaintiffs, the Daejeon District Court's budget registry office.

Reasons

1. Basic facts

A. The network E was put to the Plaintiff and the Defendants, and died on September 23, 2019.

The heir is F, G, Plaintiffs, and Defendant.

B. G, the Plaintiffs, and the Defendant completed the registration of transfer of ownership on September 23, 2019 with respect to the area of 1,443 square meters (hereinafter “instant real estate”) prior to Chungcheongnam-gun’s budget D (hereinafter “instant real estate”), G due to inheritance by division under consultation on September 23, 2019, the Plaintiffs, 1/5 of the Plaintiffs, and 2/5 of the Defendant.

(c)

On the other hand, the Defendant created the maximum claim amount of KRW 100 million and the debtor E’s lower priority right (hereinafter “the instant neighboring mortgage”) as to the instant real estate under the Daejeon District Court’s budget registry office No. 10344 on June 4, 2007.

[Grounds for recognition] Partial disputes, Gap evidence No. 1, the purport of the whole pleadings

2. Determination as to the assertion that there was no obligation to be secured by the registration of establishment of the above right to collateral security

A. The plaintiffs' assertion (i.e., the plaintiffs' assertion E bears the defendant's obligation.

At the time of the defendant's argument, the defendant lent money to the network E and received the establishment of the right to collateral security as above.

B. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1 through 8 of the judgment, i.e., ① the deceased E married with H on Oct. 9, 2007 immediately after the establishment of the above right to collateral security; ② the Defendant’s account was deposited with the amount of KRW 50 million on Apr. 30, 2007, which was before the first month prior to the establishment of the above right to collateral security; and KRW 10 million was deposited on the same day; ③ the time of payment or the time of the establishment of the right to collateral security was deemed to have been disbursed for the network E in light of the time of payment or the time when the right to collateral security was established; ③ the Defendant appears to have lent KRW 12,794,200 on Jun. 7, 2007, which was after the establishment of the above right to collateral security; ④ the amount of KRW 174,797,000 for the Defendant’s loan without any special reasons.

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