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(영문) 수원지방법원성남지원 2014.04.30 2013가단16601
융자금이자대납 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (name C before the opening name) and the Defendant purchased 7940 square meters, 1342 square meters, and 605 square meters prior to G (hereinafter “instant land”) with D and completed the registration of transfer of ownership with D’s co-ownership (each of 1/2 shares) on November 10, 203.

However, in fact, the internal share relationship with each of the above lands was classified into Plaintiff 750, Defendant 1,500, and D750.

B. As to the instant land, on November 27, 2003, the registration of the establishment of a neighboring agricultural cooperative (hereinafter “CFF”), the debtor H (Defendant’s wife), the maximum debt amount of KRW 42,00,000 (hereinafter “the registration of the establishment of a neighboring mortgage”); on March 14, 2007, the collective security holder, the debtor, the Plaintiff, the maximum debt amount of KRW 130,000,000 (hereinafter “the registration of the establishment of a neighboring local livestock cooperative”); and on March 26, 2007, the registration of the establishment of a neighboring local livestock cooperative (hereinafter “the establishment of a second neighboring local agricultural cooperative”); and on March 26, 2007, the registration of the establishment of a creation of a neighboring local livestock cooperative (hereinafter “the registration of the establishment of a neighboring local forest”) was completed.

C. On August 10, 2010, the request for auction was withdrawn on the 23th of the same month, and the auction procedure again commenced on February 9, 2012 (J of the Chuncheon District Court).

3. 29. Request for auction was withdrawn.

On the other hand, on March 26, 2012, the establishment registration of a mortgage-backed mortgage-backed creation was completed with respect to the Defendant’s share in the instant land amounting to KRW 130,000,000. On the same day, with respect to the share of KRW 130,000 among the above land, the establishment registration of a neighboring mortgage-backed creation (hereinafter “the third neighboring mortgage-backed creation registration”) was completed with respect to the share of KRW 130,000,000, the second neighboring mortgage-backed creation registration was revoked on the 30th of the same month.

E. The Defendant and D, around February 19, 2013, are the land above E with respect to the partition of the instant land.

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