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(영문) 인천지방법원 2016.08.11 2015가단246277
근저당권말소
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.The facts following the facts of recognition do not conflict between the parties or may be found in Gap evidence Nos. 1 to 8, and Eul evidence Nos. 3 to 8 (including branch numbers), together with the whole purport of the pleadings:

(1) Around June 25, 2007, the Defendant loaned approximately KRW 400 million to the Defendant’s KRW 400 million to make an investment in the apartment located in Jeonsan-si located in Jeonsan-si. However, C was unable to repay the amount to the Defendant by August 30, 2007, which is the due date for payment, on or around December 20, 2007, and the Plaintiff participated in the auction procedure of real estate rent in the Incheon District Court D, and was awarded a successful bid of KRW 1220 million in the name of the Plaintiff, by participating in the Plaintiff’s name in the auction procedure of real estate rent in progress with the Incheon District Court D on or around December 20, 207.

(3) On December 207, 2007, C found the Defendant as a patrolman, and the instant real estate was a new installation of a charnel house at a church, and thus, the Defendant decided to make an investment in the proceeds of sale while selling it to the church. (4) The Defendant made an investment in approximately KRW 900,000,000, which was introduced by C, as well as approximately KRW 400,000,000,000,000,000,000 won, and accordingly, the Plaintiff’s ownership transfer registration was completed on May 8, 2008.

5) Meanwhile, there are three defendants, C, E, and network F (hereinafter referred to as “C, E, and network F,” excluding the Plaintiff.

(B) Around March 3, 2008, the Defendant, and C, other than the Plaintiff, set their respective shares on the instant real estate around December 30, 2008 (Defendant: 35%, C: 25%, E: 23%, 17%, and 17%). The instant real estate is jointly owned.

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