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(영문) 서울중앙지방법원 2019.02.15 2018나18442
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance against the defendant is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Plaintiff’s birth together with each of the instant real estate (hereinafter “each of the instant real estate”) are real estate indicated below (hereinafter “instant real estate”).

During the ownership of the Plaintiff, the Plaintiff purchased D’s share of the real estate Nos. 1 through 10 on October 13, 2016 in Suwon District Court Sungnam Branch E Voluntary Auction procedure, thereby acquiring the entire ownership of each of the said real estate. F GH IJ NA NA 2) The details of the Plaintiff and D’s establishment and cancellation of the right to collateral security with respect to each of the instant real estate are as follows.

D R S SDR D D D

B. The real estate in this case was executed with the repayment loan by Defendant B and the registration of the establishment of the mortgage of this case (hereinafter “R Bank”)

(2) On December 1, 2014, the Plaintiff re-established the 3rd priority right after the cancellation of the said 2nd priority right in order to obtain additional loans from the R Bank, and Defendant B, on December 1, 2014, performed a repayment loan on the said claims against the Plaintiff by the R Bank against the Plaintiff. (2) On December 1, 2014, Defendant B performed a repayment loan on the said claims against the Plaintiff by the R Bank.

In the process, the above 1 to 3th collateral security (RB), both of which were cancelled, and the establishment of the right to collateral security for Defendant B’s claim against the Plaintiff, was carried out.

On the same day, as set out in the table No. 4 above, for securing S's claim against Defendant B, separate from Defendant B's loan, the case is “the receipt number No. 85470, Dec. 1, 2014, hereinafter referred to as “the receipt number No. 85470, Dec. 1, 2014”), with respect to the entire real estate of this case including the Plaintiff's share as to the entire real estate of this case including the Plaintiff's share.

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