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(영문) 서울서부지방법원 2018.06.07 2017나41037
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff, as a permanent resident of the United States, was performing a housing project by obtaining a loan of at least 3 billion won of real estate including Pyeongtaek-si land, among the real estate listed in the separate sheet owned in the Republic of Korea (hereinafter “instant real estate”).

However, as the business does not proceed smoothly, it is difficult to repay the principal and interest of the loan, it was decided to sell the above real estate or to proceed with a new secured loan.

On January 201, among them, Defendant B was the mother of Defendant B and F engaged in real estate brokerage business.

B. The Plaintiff and F drafted a real estate sales contract on November 1, 201 with a large number of real estate owned by the Plaintiff, including the instant real estate, as the subject matter thereof, and the seller entered in the said contract in KRW 1,000,000,000,000,000 won for the Plaintiff, the buyer, the father and the husband of the Defendant B, and KRW 3,70,000,00

On the other hand, the above contract contains the following special agreements:

C. On the other hand, on November 21, 201, in the name of the Plaintiff, in the Indian Agricultural Cooperatives, the loan of KRW 4 billion was implemented as collateral for the Plaintiff’s 24 real estate except the instant real estate. Of these, approximately KRW 3.3 billion was revoked on the same day on which the instant real estate, including the said K’s land, was established on the same day by repaying the existing Plaintiff’s loan of KRW 3.3 billion.

Around the enforcement of the Agricultural Cooperative loan, F was appointed as an administrator of the Plaintiff and delegated all business affairs concerning loans, such as receipt of loans and payment of interest.

E. Since then, the right to collateral security of Defendant B, C, and the debtor with the maximum debt amount of KRW 3.5 billion was established on the instant real estate (registration of Pyeongtaek-gu District Court and No. 881, Jan. 6, 2012), and the share of Defendant C’s said right to collateral security over the instant real estate was entirely owned by Defendant B on the ground of transfer of finalized claim thereafter.

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