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(영문) 전주지방법원 정읍지원 2017.03.21 2016가단11798
청구이의
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The deceased H (hereinafter “the deceased”) completed the registration of transfer of ownership in the name of the deceased on October 22, 1992, with respect to the 195 square meters of land in Jung-gu, Jung-gu, Seoul Special Metropolitan City prior to the division.

B. On October 31, 1995, with respect to the above I’s land, a contract establishing a collateral between the Defendant, the Deceased, and Nonparty J, setting up a maximum debt amount of KRW 23 million against the deceased and the mortgagee as the defendant (hereinafter “instant contract”).

C. According to the written mortgage contract of this case, on November 10, 1995, the registration of establishment of a mortgage in the name of the debtor J (hereinafter “the registration of establishment of a mortgage”) was completed with respect to the above I land as the receipt of machinery, including the establishment of the Jeonju District Court and the Eup, etc. on November 10, 1995, the maximum debt amount of KRW 23 million, and the establishment of a mortgage in the name of the

The J, on November 11, 1995, borrowed 16 million won from the Defendant as security the said right to collateral, and drafted a monetary loan agreement on the said right to collateral (hereinafter “instant loan agreement”), and the written agreement of this case is written as joint and several sureties by the Deceased.

E. On September 23, 2009, the said I land was divided into each of the real estate listed in the separate sheet (hereinafter “instant real estate”), regardless of whether it was divided or not.

F. The Deceased died on October 2014, and the designated parties indicated in the name of the Plaintiff (Appointed Party) and the annexed name list of the designated parties inherited each of the respective shares of B/17 of the instant real estate, and the shares of B/17 of the Plaintiff (Appointed Party) and the appointed parties (Appointed Party) and B/D, D, E, F, and G, respectively.

[2] The following facts: (a) there is no dispute over the plaintiff (appointed party) and the designated parties; (b) there is no dispute; (c) Gap evidence Nos. 1 through 4, 10; and (d) Eul evidence Nos. 2 and 3; and (c) the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiffs' assertion of the loan agreement of consumption of this case contains the name of the deceased as the same as the name of J, and the seal of the deceased is affixed to the name of the deceased.

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