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(영문) 전주지방법원군산지원 2016.12.16 2015가단55019
대여금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The plaintiff A’s wife of the deceased I (hereinafter “the deceased”), and the remaining plaintiffs are the children of the deceased.

B. On December 21, 2004, the account transfer of KRW 80,000,000 appears to have been made in lieu of the account transfer from the Y account of the deceased No. Masan Agricultural Cooperatives. However, the account transfer of the account cannot be known at present.

There is a set of particulars.

C. On December 23, 2004, in the name of the deceased, K, and L, a written mortgage-backed contract with the following contents (However, K and L appears to have been prepared by the Defendant without participating in the preparation of the above contract) and accordingly, a joint collateral-mortgage was established with the maximum debt amount of 100 million won on the 2896 square meters (the land category and size at the time) of Gunsan-si, Sinsan-si, which is owned by the Defendant on the same day, and 574 square meters (the land category at

A creditor-mortgage-mortgager: The mortgagee of K-mortgage: The maximum debt amount: The maximum debt amount of KRW 100 million: The indication of the real estate amount of KRW 2896 square meters in Masan-si and 574 square meters in Dosan-si

D. The above C.

On August 31, 2005, the joint collateral mortgage was cancelled on September 1, 2005 due to termination.

E. On August 31, 2005, upon the termination of the above contract, a document establishing a mortgage was prepared in the name of the deceased and L (which seems to have not participated in the preparation of the above contract) as follows. Accordingly, on September 1, 2005, a mortgage was established on September 1, 2005, with a maximum claim amount of KRW 50 million, on the O 3967 square meters owned by L, Masan-si. The mortgage was cancelled on June 12, 2006 on the ground of termination on June 9, 2006.

A creditor-mortgage-mortgage-mortgager: A maximum debt amount: L/C amount: 50,000 square meters: O reply 3967 square meters in Gunsan.

F. In addition, on September 1, 2005, the right to collateral security was established with respect to the size of 1012 square meters, which is owned by the Defendant, for the deceased, the Defendant, and the maximum debt amount, 30 million won.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, 3, Gap evidence 4, Gap evidence 5-1, 2, 3, Gap evidence 5-6, Gap evidence 6, and 11, the purpose of the whole pleadings, and the purport of the whole pleadings.

2. Claim of this case

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