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(영문) 창원지방법원 통영지원 2017.02.09 2016가단23075
근저당권말소
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are married couple, and each of the 1/2 shares of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) is completed the registration of transfer of each of the rights by the Changwon District Court (hereinafter referred to as the “Share Registry”) No. 12552, Mar. 20, 2008.

B. As to the Plaintiff’s share among the instant real estate, the Defendant completed the registration of creation of a neighboring mortgage to the Plaintiff A and the mortgagee of the instant real estate as the head of Say Office No. 21208, Apr. 27, 2011.

C. On July 4, 2011, the Defendant completed the registration of the establishment of a mortgage over the instant real estate with the maximum debt amount of KRW 60,000,000, the debtor A, and the mortgagee A, as the defendant, as to the instant real estate.

(B) Each of the collective security listed in paragraphs (b) and (c) concurrently refers to the instant collective security (hereinafter “instant collective security”) / [based on recognition] of lack of dispute between the parties, entry of evidence No. 1, and the purport of the entire pleadings

2. Determination as to the cause of action

A. 1) The Plaintiffs did not have any transaction relationship with the Defendant, and there was no fact that they completed the registration of the establishment of a mortgage of the instant neighboring area to the Defendant. 2) Plaintiff A was loaned KRW 100 million in total, around April 201, and around July 201, from E conducting credit business under the trade name D.

3) At the time of the establishment of the instant right to collateral security, Plaintiff A did not meet the Defendant at the time of the establishment of the instant right to collateral security, nor received money from the lending company run by E, and thus, the lending company or E was aware that the establishment of the instant right to collateral security was established in the future. (4) Since the registration of the establishment of the instant right to collateral security becomes the Defendant of the Plaintiff A, the obligee E, and the mortgagee, the right to collateral security

5 In addition, for the purpose of securing the obligation of loans to be borne by the plaintiff A, the debtor between the plaintiff A and the defendant, and the third party, the plaintiff A will set up a collateral security on the real estate of this case owned by the plaintiffs, but the plaintiff A will do so.

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