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(영문) 전주지방법원정읍지원 2017.09.19 2016가단11668
근저당권말소
Text

1. A sales contract concluded on March 3, 2016 between the Plaintiff (Counterclaim Defendant) and Nonparty C with respect to the motor vehicles listed in the separate sheet.

Reasons

1. Determination on a counterclaim

A. On January 29, 2016, C is a motor vehicle listed in the separate sheet (benz S350, hereinafter “instant motor vehicle”) from D Co., Ltd. on or around January 29, 2016.

(2) On the same day, the Defendant purchased KRW 100,000 for KRW 132,50,000 for the instant automobile. (2) On the same day, the Defendant had completed the registration of creation of a collateral security right of KRW 20,000 for the instant automobile with the bond value of KRW 100,000 for interest rate of KRW 6.98% for interest rate of KRW 60,000 for interest rate of KRW 60,000 for interest rate of KRW 60,000,000 for interest rate of KRW 60,000 for interest rate of the instant automobile. In order to secure some (20% of principal amount)

3) On March 3, 2016, the Plaintiff purchased KRW 120,000 for the instant automobile between C and C (hereinafter “instant sales contract”).

(4) On April 29, 2016, the Plaintiff entered into a mortgage contract with C on the instant motor vehicle (hereinafter “mortgage contract”) and completed the registration of creation of a collateral security as the receipt date of April 29, 2016 on April 29, 2016, under which the Plaintiff entered into a mortgage contract with C as to the instant motor vehicle. The Plaintiff completed the registration of establishment of a collateral security agreement as the receipt date of April 29, 2016 on April 29, 2016.

5) After receiving automobile installment financing from the Defendant, C began to pay the principal and interest from July 20, 2016. C as of August 17, 2016, the amount of debt to be paid to the Defendant as of August 17, 2016 is KRW 108,854,350, and as of August 24, 2016, it bears a total of 16 debts to credit card companies, banks, installment financing companies, etc. (amounting to KRW 685,519,00,00 in total) as of August 24, 2016. (6) At the time of the instant sales contract and the mortgage contract, C owns three apartment bonds (as of KRW 157,00,00,000 in total, or KRW 345,205,00 in total, in the above apartment house or KRW 3400,00 in total,00.

7. Meanwhile, C purchased the instant automobile.

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