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(영문) 의정부지방법원 2014.10.23 2013가단225
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. On July 3, 2006, the Defendant became a “three-party 886 square meters in Nam-si, Namyang-si” through division and land category change after 969 square meters of C Forest land in Nam-si, Namyang-si, 2006.

In addition, since 81m2 of forest land was 81m2 through land category change, "D. 81m2 in Namyang-si."

(hereinafter referred to as “each of the instant real property”) entered into a mortgage agreement with F to set forth the debtor F and the maximum debt amount of KRW 1.43 billion with respect to each of the real property, etc. listed in the separate sheet No. 1, including the pertinent real property, and on the same day, the registration of creation of a neighboring mortgage under the Defendant’s name was completed by the Namyang District Court No. 80212 on the same day,

5. A loan of KRW 1.1 billion was made on July 5, 2007 to F.

On the other hand, on July 5, 2006, the defendant completed the registration of creation of superficies under the name of the defendant (hereinafter "registration of creation of superficies of this case") under the 81332 receipt of the Namyang District Court's receipt of the Namyang District Court from July 3, 2006 to 30 years from July 3, 2006.

B. On June 25, 2007, the Defendant received reimbursement of the existing loan on behalf of the Plaintiff, and subsequently loaned 2.1 billion won to F on June 29, 2008 after the due date for reimbursement. To secure this, the Defendant completed the registration of change of the right to collateral security, which increases the maximum debt amount of the above right to collateral security to KRW 2.730 million on June 28, 2007, No. 74870 on June 28, 2007.

C. In addition, on December 24, 2007, the Defendant loaned KRW 350 million to G, and concluded a mortgage contract with G to set forth the debtor G and the maximum debt amount at KRW 490 million with respect to each of the instant real estate, etc., and completed the registration of the establishment of a neighboring mortgage under the Defendant’s name (hereinafter the “registration of establishment of each of the instant real estate”) under Article 14584, which was received by the Namyang District Court on July 27, 2006, as the receipt of the Namyang District Court’s receipt of the registration office, under Article 14584.

On the other hand, on December 10, 2009, the Plaintiff among each of the instant real estate from E on December 10, 2009.

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