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(영문) 수원지방법원 2017.11.30 2017나50164
근저당권말소
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 18, 2010, Plaintiff A received D’s introduction from the J Saemaul Fund (hereinafter “instant safe”) and borrowed KRW 320 million from E until September 18, 2010 due date, and 3% of interest monthly (hereinafter “instant loan for consumption”), and the Plaintiff church guaranteed the obligation to refund the said borrowed amount.

B. On August 18, 2010, in order to secure the above loan, Plaintiff A completed the registration of creation of a collateral (hereinafter referred to as the “instant prior collateral security”) with respect to each real estate listed in the attached list Nos. 1-A, 1-B, Hanam City F, G, and H with respect to each real estate listed in the attached list Nos. 1-B, 201, the maximum debt amount of which is KRW 416 million, the debtor, Plaintiff A, and the mortgagee E.

C. In order to lend KRW 320 million pursuant to the loan agreement of this case, E raised KRW 116 million out of the above amount from the Defendant, who was sentenced to punishment, and lent it to the Plaintiff.

Plaintiff

A was extended KRW 350 million from the instant credit cooperative on September 14, 201, because the interest rate of the instant loan for consumption was too high. On September 15, 2011, A repaid KRW 240 million out of the above loans to E, and E revoked the instant prior collateral security.

E. Since September 29, 2011, each real estate listed in paragraph (1) of the attached Table No. 1 owned by Plaintiff A was established with respect to the real estate listed in paragraph (1) of the attached Table No. 1, but thereafter, the real estate listed in paragraph (1) was divided from the real estate listed in paragraph (b) of paragraph 1 on December 16, 201 and added to the joint security list.

As to the maximum debt amount of KRW 28 million, the registration of creation of a neighboring mortgage against the Plaintiff A and the mortgagee as the Defendant (hereinafter the above collateral security was referred to as the “first collateral security”). Each of the real estates listed in the attached Tables 2 and 3 owned by the Plaintiff A or the Plaintiff church was established regarding the real estates listed in the attached Tables 2 and 2, 2, and 2, but thereafter.

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