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(영문) 창원지방법원마산지원 2019.09.24 2018가단6498
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) C (the debtor is referred to as “the debtor”) from the following:

(2) The Plaintiff agreed to borrow KRW 100 million from the Plaintiff, and received KRW 9 million from the Plaintiff on March 30, 2017, subtracting KRW 1 million from the interest prior to and on March 30, 2017. However, on March 28, 2017, the Notarial Deed (A2) was drawn up as KRW 120 million within the meaning of the maximum debt amount (hereinafter referred to as “the debt amount prior to March 30, 2017”). The obligor agreed to lend KRW 350 million from the Plaintiff, and received KRW 30 million from May 4, 2016 to May 24, 2016, KRW 350,000,000 from the loan amount of KRW 200,000,000 from the loan amount of KRW 1,500,000 to the loan amount of KRW 1,605,000,000,000 from the loan amount of KRW 1.665,5,000,05.

Therefore, the balance at the time of the fraudulent act of the borrowed loan obligation as of May 24, 2016 is KRW 38 billion, and the value at the time of the closing of argument is KRW 0 billion.

B. On March 29, 2018, the obligor established a mortgage contract between the Defendant and the Defendant on March 29, 2018 as stated in the purport of the claim in order to provide a security for the obligation to borrow money as set forth in No. 8 of the following sub-paragraph (c), and the obligor completed the registration of establishment of a mortgage in the future of the Defendant on the following day.

C. The details of the obligor’s active property, the obligor’s active property, and the value at the time of entering into a mortgage contract and the value at the time of closing argument are as follows.

Pursuant to the attached list 220,00,000 220,000,000,000 as real estate listed in the attached list 1, such as the evidence related to the value at the time of the closure of the argument at the time of the fraudulent act of the active property, the Dopo-si Dopo-si Dopo-si Mapo-si was

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