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(영문) 인천지방법원 2018.01.18 2016가단216556
근저당권말소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff allowed the wife-Nam, a bad credit holder, to use the Plaintiff’s name, and the Plaintiff operated the comprehensive automobile repair business in the name of the Plaintiff from December 2007 to December 2007.

B. The Plaintiff obtained a loan of KRW 80,000,000 from the National Agricultural Cooperative Federation on December 26, 2007, and KRW 60,000,000 on September 5, 2008 for the purpose of securing the performance of each of the above obligations, and completed the registration of establishment of a mortgage over KRW 93,60,000 for each of the real estates listed in the separate sheet (hereinafter “instant real estates”) owned by the Plaintiff in order to secure the performance of each of the above obligations.

C. The Plaintiff, on September 27, 2010, extended a loan of KRW 78,00,000, and KRW 58,000,000 on the same day, cancelled the registration of creation of a neighboring mortgage in the name of the National Agricultural Cooperative Federation. In order to secure the performance of the above loan obligations, on September 28, 2010, the Plaintiff completed the registration of creation of a neighboring mortgage of KRW 163,20,000 on the instant real estate in the future for the Defendant.

(1) The loan of KRW 136,00,000 is deemed to be “the first loan of this case” and “the establishment registration of the first neighboring mortgage of KRW 163,20,000,000,” and “the establishment registration of the first neighboring mortgage of this case”).

In addition to the loan contract of this case and the registration of creation of a new mortgage of this case, on September 28, 2010, a credit transaction agreement with the purport that the Plaintiff borrowed KRW 100,000,000 from the Defendant and a mortgage contract with the intent to secure the performance of the above obligation were prepared, respectively. Accordingly, the registration of creation of a new mortgage on the real estate of this case as stated in the purport of the claim of KRW 120,000,000 was completed in the future of the Defendant.

(2) The loan of KRW 100,000 (hereinafter the above KRW 120,000) is registered as the establishment of a mortgage of KRW 120,000 and KRW 120,000 (hereinafter the “the creation of a mortgage of KRW 2”).

On the other hand, B uses the name of the plaintiff on October 8, 2013.

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