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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
1. Facts of recognition;
A. Around 2006, the Plaintiff’s loaned KRW 25 million from the Defendant on January 31, 2007, with the term of repayment fixed by the Plaintiff on January 31, 2007.
B. On December 27, 2007, the Plaintiff’s wife drafted a “written note and receipt” with the content that the Defendant is entitled to only KRW 10 million out of the Plaintiff’s debt owed to the Defendant and to be exempted from the remainder of KRW 21 million.
C. On March 22, 2010, the Plaintiff drawn up a “loan Document” with the content that the Plaintiff borrowed KRW 30 million from the Defendant as interest 1 copy and due date November 20, 201.
On the same day, the Plaintiff completed the registration of creation of a mortgage over the instant real estate of KRW 30 million to the Defendant.
E. The address of the Plaintiff and the Defendant is merely 200 meters away from Do newsletter, and also a group of “D”, and C manages the meetings of “D” managed by the Defendant from September 21, 2009 to October 1, 2010.
[Ground of recognition] A.1, 2, 3, 1, 2, 2, 3, 2, 3, 4, 1, 2, 3, 4, 1, 1, 1, 1, 1, 2, 3, and 3,
2. Determination on the main claim
A. The plaintiff's assertion 1. A.
The loan obligations under subsection (1) are the gambling obligations, and the Plaintiff’s wife C is 1.B while the Plaintiff was hospitalized in the hospital.
Some of the claims, such as paragraph, have been repaid and partly exempted, have ceased to exist.
However, C did not notify the Plaintiff of the extinguishment of the preceding rent obligation.
The defendant continued to receive interest at a high rate by taking advantage of the condition that the plaintiff may not know of the extinguishment of the prior rent obligation, demanding the establishment registration of the mortgage of this case, and the plaintiff will terminate this.
Therefore, the registration of the establishment of a neighboring mortgage of this case must be cancelled as the registration of invalidity of cause for which the secured debt does not exist.
(b) The court may deny the entries of the judgment document to the extent that the declaration is recognized to have been made.