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(영문) 수원지방법원 2020.11.05 2019가단541885
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D (hereinafter “D”) practically operated by the Plaintiff, who is the Plaintiff, is a company whose business purpose is real estate sale and purchase business, real estate sale business, and real estate sale business. D (hereinafter “Lri land”) around 2016, around H, I, J, and K land owned by E, F, and G (hereinafter “Lri land,” and part of the land divided from the above land is the land of this case) was carried out a project to develop the land site from forest land as a factory site with the consent of the said owner (hereinafter “instant project”). The Defendant invested KRW 250 million and M in KRW 283 million, respectively.

B. D agreed to grant permission for development of Lri land as a security for the above investment amount under the name of the Defendant and M’s husband N, the investor, and accordingly, after obtaining permission for development of the above land, the said permitted owner was M, N, andO (the representative director and C on the D registry at the time of the change of name) around November 2016.

C. However, during the instant project progress, C died on November 6, 2016, and P, which is the dynamics of C, was involved in D’s work.

On January 18, 2017, the Plaintiff prepared a loan certificate as shown in attached Table 2 with the Defendant.

(hereinafter referred to as “the instant loan certificate” and the terms and conditions of the agreement stated in the said loan certificate are “the instant agreement”). E.

On January 25, 2017, the Plaintiff completed the registration of ownership transfer in its name with respect to Li land. On the same day, according to the instant agreement, the Plaintiff completed the registration of ownership transfer in the name of the Defendant, the maximum debt amount of KRW 200 million, the Plaintiff, and the Plaintiff, pursuant to the agreement in this case, remitted the Defendant total of KRW 100 million on January 25, 2017 and KRW 50 million on April 10, 2017 to the Defendant.

F. On the other hand, around March 6, 2017, the name of permission for development of part of Li land was changed from M, N,O to the Plaintiff, Q, R, R, M, M, and T.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and Eul

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