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(영문) 수원지방법원안양지원 2014.07.24 2014가단800
근저당권말소
Text

1. Defendant C:

A. The District Court of the Speaker in relation to the real estate stated in Section 1 of the Schedule 1 attached to the Plaintiff A.

Reasons

1. Basic facts

A. Around August 1992, the Plaintiff borrowed KRW 120 million from Defendant C without fixing the due date. Defendant E, as joint collateral, borrowed the real estate indicated in the attached list Nos. 1, 3, 5, and 6, with the maximum debt amount of KRW 200 million (or KRW 200 million with respect to the real estate indicated in paragraph 1 of the attached list No. 1 owned by the Plaintiff). On August 11, 1992, the registration of the establishment of a mortgage (the registration of establishment of a Cheongyang-gu High District Court, 24927, received on August 11, 1992, 249, No. 9441, received on August 3, 1992, and No. 5 and 414, received on August 3, 1992 as to each of the real estate listed in the attached list No. 5 and paragraph 3 of the attached list owned by the Plaintiff).

B. Defendant D invested KRW 300 million in F Co., Ltd. (hereinafter “F”), and completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 390,000,000,000 as joint collateral, with regard to each of the real estate listed in [Attachment A] List Nos. 2, 3, 4, and 5 of the attached list (Cheongju District Court No. 11098, Jul. 12, 1996, as to each of the real estate listed in [Attachment A] List No. 2, 3, 3, 4, and 5].

C. G, which had been the representative director of F, was sentenced to two and a half years and six months of imprisonment on August 13, 1997 due to the criminal facts by deceiving Defendant D and deceiving KRW 150 million.

Defendant D filed an application for the auction of real estate rent with the Cheongju District Court J on August 198 regarding the real estate in the attached list and the land in the attached list Nos. 2, 3, 4, and 5, which was created as a joint collateral by the real estate and the land in the H-owned Ha, which was established as a joint collateral, and thereafter the said H-owned land was awarded a successful bid and paid dividends.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 13, the purport of whole pleading

2. The assertion and judgment

A. According to the facts of the judgment as to the cause of the claim 1, Defendant C’s loan claims against Plaintiff A, the date of loan, around August 1992.

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