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(영문) 서울동부지방법원 2016.10.12 2013가합103726
근저당권말소
Text

1. As to KRW 4,276,720,947 from the Plaintiff (Counterclaim Defendant) and KRW 4,151,052,110 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Plaintiff’s special representative is the Plaintiff’s wife and the mother of the Defendant’s Intervenor (hereinafter “ Intervenor”), and the Intervenor is the Plaintiff’s son.

The Plaintiff is the owner of the instant real estate. From March 19, 2012 to March 19, 2012, the Plaintiff was hospitalized in the department of mental health and outpatient surgery of D hospital D hospital on September 8, 2012 due to dementia and stimulative disorder, and was hospitalized in the department of psychotropic surgery of the same hospital on September 8, 2012. The Plaintiff was hospitalized in the department of psychotropic medicine and the surgery for the surgery for the surgery on March 7, 2013. The Plaintiff was hospitalized in the department of psychotropic medicine and the surgery for the surgery for the surgery on the dtimulative surgery on July 10, 2013. The Plaintiff was hospitalized in the course of hospitalization.

On February 21, 2014, with respect to the plaintiff, adult guardianship was commenced by the Seoul Family Court 2013Ra1807.

As of September 25, 2012, the Plaintiff entered into a credit transaction agreement and a loan transaction agreement (hereinafter “instant loan agreement”) with a loan of KRW 5 billion in total from the Defendant as of September 25, 2012, in the name of the Plaintiff.

As of September 26, 2012, a document establishing a right to collateral security (hereinafter “instant right to collateral security”) under the name of the Defendant with respect to the instant real estate owned by the Plaintiff was prepared in the name of the Plaintiff, stating that the right to collateral security (the creditor, the debtor, the maximum debt amount shall be KRW 6.5 billion) was established.

On September 26, 2012, the Defendant completed the registration of the establishment of a mortgage of this case on the instant real estate on September 26, 2012.

The Defendant, on September 26, 2012, executed a loan of KRW 5 billion (hereinafter “instant loan”) to the Plaintiff with the same content as the instant loan agreement, and deducted stamp tax and registration expenses from the instant loan, and KRW 2,825,65,917 from the remainder of the loan was deposited on September 26, 2012, and set up on the instant real estate.

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