Text
1. The Daejeon District Court prepared on May 27, 2015 with respect to the auction case of real estate C in Seosan-gu District Court.
Reasons
1. Basic facts
A. On October 21, 2008, the Plaintiff borrowed KRW 5,000,000 from the Defendant (hereinafter “instant loan”) and secured it, on December 18, 2008, completed the registration of creation of a neighboring mortgage of KRW 7,00,000 with respect to the real estate indicated in the attached list owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant on December 18, 208.
B. According to the distribution schedule prepared by the same court on May 27, 2015 (hereinafter “instant distribution schedule”) with respect to the auction case of Seosan Branch C real estate, which was in progress with respect to the instant real estate, the Defendant, as a mortgagee, stated that the Defendant shall be apportioned KRW 7,00,000 as a mortgagee.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. The plaintiff asserts that all of the instant loans were repaid to the defendant, and the defendant asserted that only he/she received a partial repayment from the plaintiff and did not have been reimbursed KRW 3,900,000.
It is not sufficient to recognize that the Plaintiff paid the full amount of the instant loan to the Defendant solely on the basis of the evidence No. 2, and there is no other evidence.
Therefore, the amount of dividends against the defendant among the distribution schedule of this case should be corrected from KRW 7,00,000 to KRW 3,900,000. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.