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(영문) 서울남부지방법원 2018.05.23 2017가단28485
근저당권말소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On May 11, 2006, the Defendant transferred the loan amounting to KRW 149 million to Plaintiff A (hereinafter “the instant loan”). On the same day, the Defendant received the loan amounting to KRW 300 million, KRW 300,000,000,000 from Plaintiff A, KRW 11,000,000,000,000,000,000 from Plaintiff A.

(B) The fact that the interest payment date is set as the 11th day of each month and the interest shall be interpreted as three copies per month in light of the interest rate at the time of the above lending date, although the interest is written only in three copies.

In order to secure the instant loan claim on the same day, the Defendant set up the right to collateral security (hereinafter “instant collateral security”) on the basis of the joint collateral of 2,722/7,274 shares owned by the Plaintiff and 1 real estate Nos. 1 and 2,3 real estate listed in the attached list owned by the Plaintiff and B (hereinafter “instant real estate”), and of 2,646m2 and 2,64m2 as indicated in the attached list owned by the Plaintiff, Busan Metropolitan City, Busan, as the joint collateral.

C. The Defendant completed the provisional attachment registration (hereinafter “the provisional attachment registration of this case”) as of January 23, 2007 (Seoul Southern District Court 2007Kahap1955, Jan. 25, 2007) by obtaining on January 25, 2007 the claim amounting to KRW 200 million as to the amount of the loan claim of this case as the loan claim of this case as the preserved bond, and completed the provisional attachment registration (hereinafter “the provisional attachment registration of this case”) as of January 1, 2007. The provisional attachment registration of this case was not cancelled until the date of completion of pleadings.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, and 1-5 evidence, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiffs asserted that ① Plaintiff A agreed to obtain a loan of KRW 400 million from the Defendant, and set up the instant collateral security right. The Defendant did not lend KRW 400 million to the Defendant, thus, the instant collateral security right.

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