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1.
Reasons
1. Basic facts
A. On February 1, 2005, a certificate of borrowed money, respectively, written on February 1, 2005, stating the creditor, debtor A, loan 227,000,000 won, due date of repayment on February 1, 2007, and 2.5% per month interest (hereinafter “the certificate of borrowed money”).
(2) On October 29, 2013, an order for payment became final and conclusive that “A shall pay to the Defendant 227,000,000 won and at the rate of 30% per annum from February 1, 2005 to the date of full payment” under the main sentence of Chuncheon District Court 2013 tea1961.
(hereinafter “instant payment order”). B.
On July 13, 1994, the Chuncheon District Court received a Gyeongcheon District Court’s receipt of 6868 on the registration of the establishment of a collateral security for each real estate indicated in the separate sheet, the debtor was registered to create a collateral security for the debtor as H, mortgagee A, and the maximum debt amount of the debtor at KRW 70,000,000, respectively. 2) on September 23, 2013, the transferor A, transferee, the defendant, and the subject of transfer was prepared with a deed of transfer, respectively, stated as A’s collateral security set out in the separate sheet.
(3) On September 23, 2013, the Chuncheon District Court received a registration of the transfer of the right to collateral security (hereinafter “the instant certificate of transfer”) and filed a registration of the transfer of the right to collateral security (hereinafter “the instant registration of the transfer of collateral security”) with respect to each real estate listed in the separate sheet with respect to which the mortgagee was changed to the Defendant on the ground of the transfer of the final claim (hereinafter “the instant
(c) A’s death and inheritance A died on June 17, 2016, and Plaintiff B, as the spouse of Plaintiff C, D, E, and F, succeeded to A’s property as the child of Plaintiff C, D, E, and F (On the other hand, Plaintiff A’s child I renounced inheritance as the head of Chuncheon District Court 2016-Ma1058.
(ii) [based on recognition] unsatisfy, entry in Gap evidence 1 to 3, 5, Eul evidence 1, 13, and 17, including branch numbers; hereinafter the same shall apply);
- The purport of the whole pleadings
2. Determination as to the claimant's objection and the claim for confirmation of non-existence of loan obligation
(a) In case of a finalized payment order;