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(영문) 전주지방법원 2018.09.13 2017나11462
근저당권말소
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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasons for the court’s explanation of this case are as follows: “C begins to delay the repayment of principal and interest from July 20, 2016 after receiving automobile installment financing from the Defendant. C’s debt to be paid to the Defendant as of August 17, 2016 is KRW 108,854,350, and as of August 24, 2016, 16, total 16 debt amount for credit card companies, banks, installment financing companies, etc. (as of August 24, 2016, approximately KRW 685,519,00) is the total debt amounting to KRW 682,219,00,00. From among them, the total sum of the debt amount already existed at the time of the instant sales contract and the mortgage contract is KRW 682,219,00,000.” In addition, the Plaintiff’s assertion that “No. 4,500,000,000 won” under the main text of the Civil Procedure Act is more emphasized.

2. Additional determination

A. 1) As to the assertion related to L as to active property, the Plaintiff: (a) as to the assertion related to L, C, at the time of the conclusion of the instant sales contract, shall be L (hereinafter “L

L was holding 50% of the shares of 50%, and L was a MM-based condominium (hereinafter “this case”).

B. Around 2,00,000,000 won or more at the market price of this case, L's L's active property holding 50% of L's stocks should be additionally considered, and C asserts that at the time of the instant sales contract, at the time of the instant sales contract, C did not have a state of excess of its obligation.

According to the evidence Nos. 9 through 11, C is recognized as a shareholder of L, who was in office as a director of L at the time of entering into the instant sales contract and mortgage contract, and as of July 21, 2015, the appraisal value of L in the instant condominium owned by L as of July 21, 2015 was KRW 2,211,00,000.

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