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(영문) 수원지방법원평택지원 2014.11.27 2014가단1060
근저당권말소 등
Text

1. The Defendant’s notary public against the Plaintiff on May 15, 2013 No. 292, signed on May 15, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff’s husband’s relationship with the Plaintiff and the Defendant’s husband’s husband C and money transaction 1) were in office as a middle and high school teacher, and the Plaintiff became aware of D and the Defendant’s husband’s husband C, etc. in relation to landscaping business with which he had a usual interest. (2) The Plaintiff transferred KRW 40,000,000 in total to the financial institution account in the name of C on October 15, 2012 and the following 16.

3) However, on October 16, 2012, C again remitted KRW 30,00,000 to the Plaintiff. (b) The Plaintiff purchased the F apartment Nos. 206, 1603 (hereinafter “instant apartment”) located in Pyeongtaek-si E, and completed the registration of ownership transfer on May 16, 2013.

2) In the process, the Plaintiff borrowed KRW 150,000,000 from C (the Defendant’s side) to purchase the said apartment loan amount. 3) On May 15, 2013, the Plaintiff drafted a notarial deed in the monetary loan agreement (hereinafter “notarial deed of this case”) to the effect that a notary public does not raise any objection even if he/she was immediately subject to compulsory execution in the event that the Plaintiff did not repay the said loan amount.

4) Moreover, as to the instant apartment, the registration of Suwon District Court’s Eunpyeong Housing Site Board and the mortgage-mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed claim”) with the maximum debt amount of KRW 350,000,000, and the debtor, the creditor, and the creditor as the defendant, as against May 16, 2013.

C. The agreement between the Plaintiff and the Defendant and C, the spouse of the Defendant, are: (a) on December 23, 2013, by requesting I, who is an employee of H certified judicial scrivener, to submit the following agreement (hereinafter “instant agreement”) or “instant agreement”.

1) The price that C (the Defendant) receives from the Plaintiff is the apartment of this case.

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