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(영문) 의정부지방법원 2015.08.21 2014가단14924
회복등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 1, 2011, the Plaintiff lent KRW 120 million to Defendant B’s ASEAN at interest rateing to KRW 120 million until the end of December, 2011. On June 27, 2011, the Plaintiff concluded a mortgage agreement with Defendant B on each of the real estate listed in attached Tables 1 through 5 (hereinafter “instant real estate”; and completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) with the creditor, debtor, Defendant B, the maximum debt amount of KRW 160 million, and the maximum debt amount of KRW 160 million, as of June 28, 2011, each of the said real estate was collectively referred to as “each of the instant real estate”).

B. At the time of the registration of the establishment of the neighboring property of this case, on April 23, 2007, the instant real estate was established as the NAElidine medical research institute, the maximum debt amount of KRW 93.6 million as the foundation of the right to collateral security. On April 4, 2008, on the instant 2, 3, and 5 real estate, the right to collateral security of KRW 39,000,000,000 was established on August 29, 2008, the right to collateral security of KRW 78,000,000,000,000 was established on August 15, 201, the maximum debt amount of KRW 5,2,000,000,000,000,000 was set respectively, for the instant real estate as the foundation of the right to collateral security, the institute of the right to collateral security, the research institute, the maximum debt amount of KRW 1,100,500,000.

C. In order to raise funds on August 201, 201, Defendant B promoted the exchange of each of the instant real estate with the former Mosel located in the former city where it is easy to dispose of each of the instant real estate, the land category of which is farmland or river (hereinafter “the former Mosel”), and created a right to collateral security on real estate acquired through an exchange contract with the Plaintiff.

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