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(영문) 의정부지방법원 2017.04.26 2016가단102863
근저당권말소등기청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased B (the deceased’s death on April 24, 2008, hereinafter “the deceased”) owned each real estate indicated in the separate sheet (hereinafter “each of the instant real estate”). On July 2, 2002, C, who was divorced by the deceased, completed the registration of ownership transfer on April 25, 2002 with respect to 2/5 shares of each of the instant real estate on the grounds of division of property as of April 24, 2008, and D, who was the deceased, completed the registration of ownership transfer on April 24, 2008 for 2/5 shares of each of the instant real estate on the grounds of testamentary gift as of April 24, 2008, E, on April 28, 2010, completed the registration of ownership transfer for 1/10 shares, part of D shares of each of the instant real estate divided on April 28, 2009 or for 20/4/10 shares of each of the instant real estate on the grounds of inheritance.

B. On June 23, 2010, E entered into a loan agreement with the National Agricultural Cooperative (hereinafter “Seoul National Agricultural Cooperative”) within the limit of 1.5 billion won (hereinafter “Seoul National Agricultural Cooperative”). The Plaintiff, E, D, and C, a co-owner of each of the instant real estate, set up a collateral security (hereinafter “instant collateral security”) with respect to each of the instant real estate in the Agricultural Cooperatives, the obligor and E, the maximum debt amount of KRW 1.95 million, with respect to each of the instant real estate.

C. On September 11, 2014, E entered into a contract to borrow KRW 1.495 billion from E-PP Co., Ltd. (hereinafter “ E-PP”) at the annual interest rate of 1.8%, and on the same day, E deposited KRW 1.495 billion in the loan account of E-PPF.

On the other hand, the National Agricultural Cooperative, which was the collateral security of this case and the secured debt of this case, shall be between Ehyd and Ehyd.

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