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(영문) 부산지방법원동부지원 2014.05.21 2013가단205428
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 6, 2003, the Plaintiff completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On April 11, 2013, the Defendant changed the name from the 1,3 community credit cooperatives to the current name.

C. On February 6, 2003, the registration of the establishment of a collateral security, which became the debtor B, was completed on September 17, 2003 by the Changwon District Court Decision No. 2282, which was received on February 6, 2003, and the establishment of a collateral security, which became the debtor and the mortgagee, was registered on September 17, 2003. The registration of the establishment of a collateral security, which became the debtor B, was completed on July 20, 2005, under the receipt of the above Gosung Branch Registry No. 17326, the maximum debt amount of KRW 52,00,000, the debtor C and the mortgagee, respectively.

(hereinafter) The purport of the whole pleadings and records as follows: (a) the establishment registration of a neighboring mortgage made under the above Act No. 2282 and the establishment registration of a neighboring mortgage made under the Act No. 17326 are referred to as the "establishment registration of a neighboring mortgage of this case"; (b) there is no dispute; (c) Gap evidence No. 2, Eul evidence No. 3

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion (1) The Plaintiff did not receive a loan of KRW 60,00,000 (loan Account D) from the Plaintiff’s own name on September 17, 2003.

In addition, on March 18, 2004, the defendant handled the above loans of KRW 60,000,000 on his own without the plaintiff's consent. The above loans of KRW 60,000,000 shall be settled with the repayment of KRW 55,00,00 for loans of KRW 2282,00 for which the right to collateral security was established (Receipt No. 2282, 2105) and the registration of the establishment of the above neighboring mortgage shall be revoked.

(2) There was no record of setting up a collateral security under the Plaintiff’s wife C (such person as F) as the Plaintiff’s wife No. 17326 regarding the instant real estate.

(3) Since all loans, which are the secured debt of the establishment registration of each of the instant units, have been repaid, the establishment registration of each of the instant units was completed.

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