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(영문) 수원지방법원평택지원 2015.09.25 2015가합399
근저당권설정등기말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the costs incurred by the supplementary participation.

Reasons

1. Facts of recognition;

A. Defendant’s Intervenor’s Intervenor (hereinafter “ Intervenor”), the Defendant loaned KRW 50 million on August 25, 201, KRW 40 million on October 10, 201, KRW 25 million on April 29, 201, KRW 5 million on June 29, 201, and KRW 10 million on August 26, 201, respectively.

Of these, the Defendant received reimbursement of KRW 20 million from the Intervenor on February 29, 2012.

B. An intervenor: (a)

The money borrowed as described in the paragraph was invested in G and H, and used as the purchase fund of Pyeongtaek-si I Forest land 4,165 square meters and J Forest land 9 square meters (hereinafter collectively referred to as “each land of this case”).

C. Defendant, E, F (hereinafter “Defendant, etc.”) and D are Defendant, etc. around July 2012.

In order to secure each claim mentioned in paragraph, a collateral security is established in the name of the defendant with respect to each land of this case, and the defendant, upon repayment of the secured claim, agreed to distribute the secured claim at the ratio of the amount of the claim

On July 11, 2012, the defendant will complete the registration of ownership transfer in the name of K with respect to each of the instant land.

According to the agreement set forth in the subsection, the establishment registration of a mortgage was completed on the basis of the debtor K, the creditor, the maximum debt amount of KRW 170,000,000, which was received by the Suwon District Court on the same day.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

The Plaintiffs completed the registration of transfer of ownership on September 7, 2013, each of the instant land on September 4, 2012, with one-half shares each due to trade on September 4, 2012.

F. The defendant D.

Based on the right to collateral security stated in paragraph (1), an application for a voluntary auction of real estate regarding each of the instant lands was filed, and the decision to commence voluntary auction was rendered on July 30, 2014.

(Ground for recognition) L. / [Ground for recognition] / [Ground for recognition] / The fact that there is no dispute, each entry of Gap Nos. 1 and 2 (including paper numbers), and the purport of the whole pleadings.

2. Determination as to the cause of claim

A. The registration of the establishment of a mortgage in the instant case asserted by the Plaintiffs should be cancelled because the Defendant, even though the Defendant did not hold a claim against K, in collusion and completed false registration.

(b) judgment;

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