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(영문) 청주지방법원 2015.01.14 2014가합26153
근저당권말소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. As to the instant real estate owned by the Plaintiff, the registration of the establishment of a collateral security right in the name of the Cheongju District Court No. 96570, Jul. 9, 2013; (b) KRW 3,120,000,000; and (c) the registration of the establishment of a collateral security right in the name of the obligor Jincheon Agricultural Cooperative Co., Ltd. (hereinafter “Jincheon Agricultural Cooperative”); (d) the registration of the establishment of a collateral security right in the name of the obligor, Jincheon Agricultural Co., Ltd. (hereinafter “Cincheon”), under the name of the obligor, the maximum debt amount of KRW 1,30,000,000; and (e) the registration of the establishment of a collateral security right in the name of the Defendant B, the obligor, the Plaintiff of which was the Plaintiff, was successively terminated on each occasion.

B. On August 30, 2013, Seoul Western District Court 2013Kadan8686, Incheon District Court 2013Kadan100157, November 18, 2013; Seoul Southern District Court 2013Kadan200462, December 23, 2013; Seoul Southern Southern District Court 2014Kadan200168, February 3, 2014; Seoul Southern Southern District Court 2014Kadan20176, February 13, 2014; the provisional attachment registration of the instant collateral became final and conclusive by the creditor of the instant provisional attachment registration on March 7, 2014.

C. On September 13, 2013, the Defendant limited liability company received a provisional attachment order as Seoul Western District Court 2013Kadan30340 with respect to the instant collateral security claims, and according to the provisional attachment order, the provisional attachment registration was completed in the name of the Defendant limited liability company with respect to the instant collateral security claims.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 18, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties concerned is the instant claim secured by Defendant B for the return of the investment amount of KRW 1,300,000,000, which was agreed to be invested by Defendant B with respect to the new construction of a house on the ground of the instant real estate.

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