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(영문) 수원지방법원 2018.07.05 2018나57803
근저당권설정등기말소등기절차 이행
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' primary and conjunctive claims against the defendant are all dismissed.

3...

Reasons

1. Basic facts

A. On April 7, 2011, Plaintiff A borrowed 1% (payment on April 30) interest from the Defendant and 150,000,000 won as of April 30, 2012, and drafted a certificate of borrowing (Evidence 1) with the same content to the Defendant.

(hereinafter “The obligation to repay the borrowed money of this case” as stated in the above loan certificate B.

Plaintiff

A in addition, on April 7, 2011, the Plaintiff drafted a certificate of borrowing that the Plaintiff borrowed KRW 100,000,000 from the Defendant as of September 30, 201, separately from the certificate of borrowing from the Defendant stated in the preceding paragraph. The Plaintiff drafted a certificate of borrowing from the Defendant (No. 1; hereinafter “certificate of borrowing from the Defendant”).

C. On April 8, 2011, the Plaintiffs established a right to collateral security against the Defendant to secure the Defendant’s obligation to repay the borrowed money of this case, attached to the Plaintiff A owned by the Defendant.

1. Each real estate listed in the list (hereinafter referred to as “first real estate of this case”)

1. The real estate listed in paragraph 6 of the list is sold to the Plaintiff A and currently owned D.

and attached Form B owned by Plaintiff B

2. As to the real estate indicated in the list (hereinafter “second real estate of this case”), the competent Suwon District Court rendered an Ansan Branch Office for the registration of the establishment of a mortgage on April 8, 201 as the maximum debt amount of KRW 180,000,000 and the Plaintiff A, the debtor, had completed the registration of the establishment of a mortgage on the real estate of this case as indicated in the list (hereinafter “

(2) On April 8, 201, the Plaintiffs had the following: (a) on April 8, 201, the Defendant demanded the Defendant to pay the loan repayment obligation of this case to the Plaintiff on May 20, 201; and (b) on June 25, 201, the Plaintiff had registered the establishment of the mortgage of this case with the maximum debt amount of KRW 100,000,000 with respect to the real estate Nos. 1 and 2 of this case as to the registration of the establishment of the mortgage of this case, which was received on April 8, 2011 from the Suwon District Court, and the obligor A, as to the registration of the establishment of the mortgage of this case (hereinafter the above mortgage of this case) (hereinafter the Defendant’s voluntary auction and the Plaintiff’s deposit for repayment).

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