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(영문) 부산지방법원동부지원 2015.01.30 2014가합1910
근저당권설정말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 5, 201, the Plaintiff acquired the instant claim from the said Korea Deposit Insurance Corporation, and the Korea Deposit Insurance Corporation notified B of the fact that the said claim was transferred to B on the same day. The Korea Deposit Insurance Corporation notified B of the fact that the said claim was transferred to B on the same day.

B. (1) Around February 197, the Defendant loaned KRW 200 million to C with a request from B to lend KRW 200 million to B (hereinafter “instant loan”). B endorsed a promissory note with a face value of KRW 200 million (3 months of the due date; hereinafter “the first promissory note”) received from C for the payment of the instant loan, and transferred the loan to the Defendant.

(2) Upon C’s failure to pay KRW 200 million on the date of the payment of the said first promissory note, C again issued a promissory note with a face value of KRW 200 million (3 months of the due date; hereinafter “second promissory note”) and B endorsed and transferred the said second promissory note to the Defendant.

(3) When C is unable to repay 200 million won or more on the date of the second promissory note payment, C issued a promissory note (hereinafter “third promissory note”) on September 2, 1997 with a face value of KRW 200 million and the due date as of December 27, 1997, and B endorsed on the said third promissory note and transferred it to the Defendant.

C. B, such as the establishment of a right to collateral security (hereinafter “instant land”) shall include the shares of 16,900.5074/137,000 among the land listed in the attached Table No. 1 (hereinafter “instant land”) and the building listed in the attached Table No. 2 of the attached Table No. 1 (hereinafter “instant building”); hereinafter “the instant real estate” shall be the sum of the land and buildings.

Of them, 583.65/3,415.83

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