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(영문) 광주지방법원순천지원 2015.08.12 2014가단7807
근저당권설정등기 등
Text

1. The defendant

A. As to the real estate stated in attached Tables 1, 2, 4, and 5 to Plaintiff A, the contract to establish a contract on March 18, 2013.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap 1 to 11 (including paper numbers), the witness D's testimony, and the overall purport of the pleadings.

Plaintiff

A is the first spouse of E, who is the living together of the defendant, and the plaintiff B is the second living together of the defendant, and D is the living together of the defendant.

On April 6, 2006, the Defendant completed the registration of creation of a new collateral (hereinafter “registration of establishment of a new collateral”) with respect to each real estate listed in the separate sheet Nos. 1, 2, and 4 as indicated in the separate sheet No. 1, and completed the registration of establishment of a new collateral (hereinafter “registration of establishment of a new collateral”) with each of the above contents as to each real estate listed in the separate sheet No. 1, on February 12, 2010, to obtain a loan from a financial right.

On February 10, 2013, the Defendant: (a) decided to cancel the registration of establishment of a neighboring property in the name of Plaintiff B from the registration of establishment of a neighboring property in the name of Plaintiff B among the registration of establishment of a neighboring property in the instant case between D and B in order to obtain a loan from the same mine mining agricultural cooperative as security; (b) concluded a contract on the assignment of claims with the effect that Plaintiff B shall pay KRW 10 million to Plaintiff B after the loan execution.

On the other hand, the defendant set up the right to collateral security, such as the registration of establishment of the mortgage of this case, after the loan was executed with the plaintiff Gap, and delegated the establishment of the right to collateral security to a certified judicial scrivener on March 18, 2013.

However, on March 19, 2013, the Defendant destroyed the Plaintiff’s mortgage contract that was owned by the Plaintiff and was convicted of the Defendant on the grounds of this, on the grounds that the Defendant was found guilty.

With respect to each real estate listed in [Attachment 3 and 6] of [Attachment 1] No. 2014 High Court 701, March 2014.

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