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(영문) 울산지방법원 2015.10.14 2014가단32105
근저당권말소 등
Text

1. On November 29, 2013, the real estate indicated in the separate sheet between the Defendant and Nonparty C was concluded between the Defendant and Nonparty C.

Reasons

1. Determination as to the cause of claim

A. 1) From October 7, 2010 to June 7, 2011, the Defendant leased KRW 250,500,000 to C over 13 times. On November 18, 2013, the Defendant filed an application for the payment order against Ulsan District Court 2013 tea5261 seeking the payment of the above loan, and C was served with the payment order on November 22, 2013, and filed an objection on November 27, 2013. Accordingly, the Ulsan District Court 2013Na899 was carried out, and the Defendant paid KRW 230,50,000 to the Plaintiff during the litigation procedure with the registration of the establishment of the mortgage (the maximum debt amount shall be paid up to 201,000,000 won to the Plaintiff by November 23, 2014).

3) C was in excess of the obligation at the time of the instant mortgage agreement. (4) At the time of the instant mortgage agreement, the market price of the instant real estate was KRW 209,00,000,000. However, the total amount of the secured claim for the establishment of senior mortgage on the instant real estate was KRW 165,865,481 ( Daegu Tae Young Young Credit Union KRW 132,865,481 KRW D33,00,000).

[Reasons for Recognition] Unsatisfy, Gap 1-4, Eul 11 (including paper numbers), Daegu Tae Young Credit Union as a result of an order to submit financial transaction information, the result of a request for market price appraisal, the witness Eul's testimony and the purport of the whole pleadings

B. Determination of the instant mortgage contract constitutes a fraudulent act, and the Defendant shall be revoked, and the instant mortgage establishment registration to C.

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