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(영문) 대전지방법원천안지원 2017.11.29 2017가단100815
근저당권말소
Text

1. On October 4, 2016, the Defendant rendered a decision on October 4, 2016 to the Plaintiff regarding each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. C requested D to borrow money in order to raise construction costs, such as the factory of the doctoral degree-based, and D requested D to lend money to E.

B. On October 5, 2016, E remitted each of KRW 46,750,00 to the deposit account in the name of a community credit cooperative in D’s name, and KRW 46,750,00 to the deposit account in the name of a doctor’s and doctor’s degree in the case of a new bank, and entered each of the depositors indicated in F’s deposit account in the name of the recipient.

C. D wired total of KRW 10,00,000, total of KRW 39,000,000 on November 22, 2016, and KRW 61,00,000 on November 30, 2016, using the deposit account in the name of the Nonghyup General Construction Bank Co., Ltd.

On the other hand, the Plaintiff, who is C's member, is A.

With respect to the borrowing of the money stated in paragraph (1), each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) is provided as security, and D has provided all documents related to the creation of the right to collateral security to E, and D has requested G certified judicial scriveners located incheon on October 4, 2016 to establish the right to collateral security concerning the instant real estate.

E. F, who had a claim against E, thought that the existing claim against E was provided with security, visited the office of G judicial scrivener on October 4, 2016, along with H. On the same day, the Daejeon District Court’s receipt of support for the instant real estate amounting to KRW 260,00,000,000, the debtor, the plaintiff, and the mortgagee of the right to collateral security (H) completed the registration of creation of a mortgage over the instant real estate.

(B) On October 12, 2016, G certified judicial scrivener sent a certificate of registration of the establishment of a mortgage of this case to E, a client of the establishment of a mortgage of this case by mail.

G. On November 29, 2016, H transferred the secured debt of the instant right to collateral security to the Defendant at F’s request on November 29, 2016, and on the following day, H completed additional registration prior to the establishment registration of the instant right to collateral security on the ground of the transfer of the finalized claim to the Defendant.

[Grounds for recognition] without dispute;

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