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(영문) 서울동부지방법원 2021.01.29 2020나21529
대위변제금
Text

All the appeals by the plaintiff (Counterclaim defendant) and the preliminary claims by the plaintiff (Counterclaim defendant) added by this court.

Reasons

1. Under the underlying facts, the following facts do not conflict between the parties, or may be acknowledged based on Gap evidence Nos. 1-5, 13, Eul evidence Nos. 1, 5, 6, 9, 11, and 12 (including each number; hereinafter the same shall apply), each of the evidence Nos. 1-5, 13, and Eul evidence Nos. 1, 5, 6, 9, 11, and 12, and

A. The Plaintiff and the Defendant are both the third children of C and the second children, and C is the deceased on June 8, 2013 (hereinafter “the deceased”). On September 4, 2013, the Plaintiff reported the renunciation of inheritance to Seoul Family Court 787, and was adjudicated on October 17, 2013.

B. On October 1986, the deceased purchased each real estate listed in the separate sheet No. 1 and No. 2 from Q Q (hereinafter “the instant real estate”) from the 21 unit of the military RR, including the real estate of this case. On April 14, 1987, the deceased purchased the real estate of this case in the name of the defendant.

After that, the deceased established a missionary welfare center in each real estate unit.

(c)

On July 26, 2000, the Defendant obtained a loan of KRW 4 million from D Association (hereinafter “D”), and entered into a mortgage agreement with D as to the above ground buildings, T, U,V,W, X,Y, Z, AB, AC, AC, AD, AE, AE, and AF on July 27, 200, the Defendant completed the registration of establishment of a mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based on each of the instant real estate in this case.

After that, on August 12, 2005, the Defendant added each of the real estates listed in the Attachment No. 2 as collateral of the above collateral (hereinafter referred to as “the above collateral”) to D on August 12, 2005 (hereinafter referred to as “the instant collateral security”).

On August 17, 2005, the Defendant again concluded a loan transaction agreement with D and D (limit: 4 million won) with the arrival of the time limit for the above loan obligations. The Defendant, the Deceased, and D are the persons on August 17, 2005 of the Defendant.

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