(영문) 대구지방법원포항지원 2016.05.03 2015가단8092

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(영문) 대구지방법원포항지원 2016.05.03 2015가단8092

근저당권설정등기말소

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

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

Reasons

1. Facts of recognition;

A. From August 22, 2011 to August 22, 2013, E served as a director having the power of representation in the G Hospital (hereinafter “G Hospital”) operated by the Medical CorporationF Medical Foundation, and the Plaintiffs are the head, the head, and the head, the head, and the head, of E.

B. On August 16, 2013, the Plaintiffs and the Defendants drafted each contract to establish a mortgage (hereinafter “each of the instant contract to establish a mortgage”) with respect to each of the real estates indicated in the separate sheet as indicated in the separate sheet, with the maximum debt amount of KRW 210 million, the debtor E, and the Defendants.

C. Since then, as to the real estate listed in the separate sheet Nos. 1 through 4 owned by the Plaintiff, the registration of the establishment of each neighboring mortgage consisting of the maximum debt amount of KRW 210,000,000,000,000,000,000 against the Daegu District Court Branch on August 19, 2013, and as to the real estate listed in the separate sheet No. 73541 owned by the Plaintiff, the registration of the establishment of each neighboring mortgage consisting of the obligor E and the Defendants, as to the real estate listed in the separate sheet No. 5 of the Plaintiff-owned list No. 73541, Aug. 19, 2013, the registration of the establishment of

(2) Each of the real estate listed in the separate sheet shall be deemed to be “each of the instant real estate,” and each of the following items shall be deemed to be “each of the instant real estate,” and the overall purport of each of the following items: (a) there is no dispute over the grounds for recognition; (b) evidence No. 1 to 5; (c) evidence No. 1 to No. 8-2; and (d) evidence No.

2. Determination as to the cause of action

A. On the non-existence of secured claim, the plaintiff asserted that the secured claim of each of the instant secured claims is a loan claim of KRW 200 million against E by the defendants. Since the defendants did not lend KRW 200 million to E, each of the instant secured claims should be cancelled due to the non-existence of secured claims. Accordingly, the defendants asserted that the secured claim of each of the instant secured claims is a joint and several surety claim for the loans of G Hospital. 2)

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