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(영문) 서울중앙지방법원 2019.04.25 2018가합531637
근저당권말소
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. The Plaintiff’s establishment of the right to collateral security under Defendant B’s name 1) C around January 2005, upon introduction by the Plaintiff, D Co., Ltd (hereinafter “D”).

(2) Around July 8, 201, the Plaintiff loaned KRW 6.3 billion to Defendant B, who was introduced by the branch in 2009, caused difficulties in collecting the above loan claims, and around 2009, upon lending KRW 6.3 billion to D, C had the Plaintiff deliver money to the Plaintiff at the time of lending the loan claims collection amounting to KRW 6.3 billion. Meanwhile, among Defendant B’s activities for collecting the loan claims, it was found that the Plaintiff arbitrarily used approximately KRW 1.1 billion without delivering the loan claims to D, and around July 8, 201, the Plaintiff settled the amount of KRW 1.1 billion out of the amount of the loan claims to be arbitrarily used with C and Defendant B (the above KRW 1.1 billion was settled in a way that the Plaintiff received the loan amount to be received from D directly, and some of the amount was paid to C by the Plaintiff to secure the right to collateral security in the future.

3) However, Defendant B demanded to set up collateral security in its own future, and the Plaintiff was divided into the Plaintiff’s 10/50 share of 10/50 of the Plaintiff’s 10/50 square meters of Pyeongtaek-si E 1,830 square meters (as indicated in the separate sheet on May 1, 2017; hereinafter “instant 1 real estate”), regardless of whether before or after the division.

(2) On July 13, 201, the Suwon District Court rendered the registration of the establishment of a mortgage over KRW 200 million to the debtor, the mortgagee B, and the maximum debt amount (hereinafter “registration of the establishment of a mortgage over the first place”).

(2) The title 2 real estate listed in the separate sheet (hereinafter “instant title 2”)

(2) As to the establishment registration of a mortgage of the Plaintiff, the mortgagee B, and the maximum debt amount of KRW 100 million (hereinafter “the establishment registration of a mortgage of this case”) as to the Gwangju District Court’s Youngam Registry No. 12308, Jul. 13, 2011.

B. Defendant B’s pledge right to collateral security was set up 1).

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