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(영문) 대전고등법원(청주) 2017.09.19 2016나12718
근저당권말소
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) The Plaintiff is a community credit cooperative that engages in the business of credit collection, etc. against members of a credit cooperative. 2) The Plaintiff is a company established for the purpose of timber processing business, etc., and completed each registration of ownership transfer as to E forest land 17,145 square meters, F field 638 square meters, and 3,174 square meters prior to G (hereinafter “instant land”).

3) H is the actual manager of C, D is the spouse of H, and the Defendants are credit service providers. B. In order to construct each factory building on the ground of the instant land as indicated on the real estate list (hereinafter “instant building”) on the ground of the instant land, C has D obtain a loan of KRW 150 million from the Plaintiff on September 10, 2013, and KRW 250 million on November 29, 2013, and KRW 30 million on March 27, 2014 (=850 million).

2) As to the instant land as a security, the Plaintiff completed the registration of creation of collateral security for each of the instant land: (a) on September 29, 2013, the obligor D, the maximum debt amount of KRW 1.5 million; and (b) on November 29, 2013, the obligor D, the maximum debt amount of KRW 325 million; and (c) on August 29, 2014, C acquired a loan agreement for KRW 1.130 million between D and the Plaintiff on August 29, 2014; and (b) on the same day, the Plaintiff was additionally financed with KRW 250 million (i.e., KRW 1.130 million).

4) On the same day, the Plaintiff changed the name of the debtor of each of the creation of a mortgage over the instant land from D to C, and additionally completed the creation of a mortgage over each of the instant land, which constituted the debtor C, the maximum debt amount of 370 million won, and thereby, the sum of the maximum debt amount for the establishment of a mortgage over the instant land was KRW 1.8 billion (= KRW 325 billion in total) (= KRW 370 million in total), which was KRW 1.5 billion in total (= KRW 325 billion in total). (C) Some of the construction was received from C in the name of the debtor of the instant building.

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