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(영문) 수원지방법원 성남지원 2021.01.19 2018가단208061
근저당권말소
Text

The plaintiff's lawsuit against defendant D and E shall be dismissed respectively.

The plaintiff's claim against the defendant B is dismissed.

Reasons

1. Basic facts

A. On October 6, 2015 and October 8, 2015, the Plaintiff: (a) lent KRW 130,000,000 to F (hereinafter “loan Claim”); (b) filed a lawsuit claiming a loan against F with the Seoul Eastern District Court 2016Ga group 16512 on May 18, 2016; and (c) on November 23, 2016, the said court sentenced F to the Plaintiff to pay KRW 130,000,000 and damages for delayed payment; (d) the F appealed appealed appealed on December 14, 2016, but the judgment became final and conclusive upon dismissal of the appeal on January 17, 2018.

B. As to the instant real estate on December 4, 2017, Defendant B completed the registration of establishment of a right to collateral security (hereinafter “registration of creation of a right to collateral security”) with F and Suwon District Court’s 60754, Dec. 5, 2017, which was received on December 5, 2017, the debtor F as F, with the maximum amount of KRW 75,000,000, based on the agreement to establish a right to collateral security (hereinafter “registration of creation of a right to collateral security”).

(c)

Defendant D completed the registration of establishment of the right to collateral security (hereinafter “registration of establishment of the right to collateral security”) with F and Sungwon District Court as of January 4, 2018 on the ground of a contract establishing the right to collateral security (hereinafter “registration of establishment of the right to collateral security”) and with F as of January 12, 2018, Defendant D completed the registration of establishment of the right to collateral security (hereinafter “registration of establishment of the right to collateral security”) with F as of January 4, 2018 on the ground that the right to collateral security was partially transferred on January 19, 2018. The registration of partial transfer of the right to collateral security was completed as of January 2856 of the same registry office, which was received on January 19, 2018.

(d)

Meanwhile, Defendant D and F, on August 20, 2019, sentenced Defendant D and F to a conviction of KRW 8 million on August 20, 2019 on the grounds that the secured claim subject to the registration of the establishment of the 2-mortgage was false credit for the purpose of evading compulsory execution, and the Defendant filed an appeal, but all appeals were dismissed, and the said judgment became final and conclusive on April 29, 2020.

[Based on recognition] Gap evidence Nos. 1, 2, and 4 (including a number; hereinafter the same shall apply).

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