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(영문) 서울중앙지방법원 2016.06.21 2016가단5013966
근저당권설정등기말소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. As to the apartment of this case, which is owned by the Plaintiff, the registration of creation of the collateral security right stated in the purport of the claim as KRW 1.3 billion against the Defendant, B, and the maximum debt amount was completed.

B. Around November 2013, 2013, B, the president of C Hospital, including the Defendant’s appraisal of collateral and approval for the loan to B, was required to pay money with expenses for the extension of hospital and operating funds, and obtained a loan from the Defendant. D, who was in charge of the loan application work as the head of C Hospital, mainly with the wife of B, and with the Plaintiff’s work as the head of C Hospital, at the request of the Plaintiff E, who is the subsequent RTRC, and offered the instant apartment as security and received a loan. (2) The Defendant assessed the market price of the instant apartment as KRW 1.39 billion and assessed as KRW 1.3 billion by 70 billion, and assessed as the market price of the instant apartment as KRW 93 billion (1.39 billion plus KRW 0.7 billion) by excluding the maximum debt amount of KRW 1.3 billion,500,000,000,000 won calculated by subtracting the maximum debt amount of the instant apartment as security (i.e., KRW 3 billion., 3 billion.

On November 20, 2013, based on the above security status of C hospital, financial status of C hospital, business prospects, etc., the Defendant prepared a plan to lend the total credit limit of KRW 1.5 billion to B (the maximum net credit credit limit of KRW 623 billion).

As a result of the credit examination of these schemes, the Defendant approved the loan of KRW 1.5 billion to the apartment of this case prior to loan treatment, subject to the establishment of the first priority collective security right with the maximum debt amount of KRW 1.3 billion (No. 5, No. 2, No. 5), 1.3 billion, and 200 million.

(c) G, the employee of the Defendant F branch, including the preparation of a written contract to establish a mortgage, shall be the amount of credit from B to KRW 1.3 billion at the location D at the office of the head of the second administrative office of the C Hospital.

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