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(영문) 서울중앙지방법원 2014.11.21 2013가합61720
근저당권설정등기말소
Text

1. The Defendant shall pay KRW 203,201,43 from the Plaintiff and KRW 200,000 among them, from August 14, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On March 13, 2012, the Plaintiff received KRW 200 million from C, KRW 250 million from D, and KRW 176,684,670 from E.

B. On March 13, 2013, the Plaintiff: (a) registered the establishment of a mortgage-mortgage with respect to the establishment of a mortgage-holder, the mortgagee, the mortgagee C, and the maximum debt amount of KRW 375 million; and (b) registered the establishment of a mortgage-mortgage with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) with respect to the mortgage-holder, the Defendant and the maximum debt amount of KRW 30 million (hereinafter “instant mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

C. On May 16, 2012, the Plaintiff repaid each of KRW 100 million to the Defendant, KRW 200 million to G, and KRW 300 million to G, and on the same day, revoked the registration of establishment of each of the above units established on the instant F real estate.

On June 27, 2012, the Plaintiff received KRW 44,750,00 from the Defendant. On the same day, the Plaintiff made a registration of the establishment of chonsegwon with respect to the instant real property with respect to KRW 50,000,000,000 from the Defendant.

E. On August 13, 2013, the Plaintiff deposited KRW 59,757,471 as the gold 1634, as the principal deposit in Suwon-si, Suwon-si, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, 6 evidence, Eul evidence 3 (including each number, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. On March 13, 2012, the Plaintiff: (a) borrowed KRW 626,684,670 from C, D, and E through an individual H during the loan; (b) on May 16, 2012, the Plaintiff repaid KRW 100,000 to B, KRW 200,000 to C, and KRW 300,000,000,000 to G; (c) on the grounds that the remainder of the Plaintiff’s repayment to the Defendant is KRW 59,757,471 = the remainder of the principal and interest of KRW 26,684.

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