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(영문) 울산지방법원 2016.10.25 2016가단51865
소유권말소등기
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 Defendant lent KRW 1,763,386,293 in total to the Plaintiff as follows:

(C) There is no dispute. The amount of loan No. 30 million won on the lending date of the lending date of March 25, 201, the amount of loan No. 110 million won on October 18, 201, KRW 700 million on March 25, 201, KRW 80 million on October 21, 201, KRW 80 million on October 21, 2013, KRW 3200,000 on August 222, 2013, KRW 92.70 million on October 25, 2013, KRW 440 million on September 23, 2013, KRW 30 million on September 23, 2013; KRW 10 million on October 30, 2013, KRW 500, KRW 1000 on September 30, 527, 938, KRW 1600,000.

B. Meanwhile, as seen below, the Defendant lent the loan KRW 300 million in the No. 1’s loan to C name as follows.

1) On March 25, 2011, the Defendant lent KRW 300 million to the Plaintiff, there is no dispute between the parties, and the Plaintiff drafted a receipt (Evidence 1) with the content that the Plaintiff received KRW 300 million on March 25, 2011. (2) On June 5, 2012, C entrusted the Plaintiff as an agent of the creditor and the debtor (the Plaintiff) and lent KRW 300 million to the Plaintiff on March 25, 2011 by designating the maturity period as 20% per annum and interest rate as 20% per annum, and the Plaintiff prepared a notarial deed (Evidence 9) of a monetary loan agreement (Evidence 9).

3) At the time, the Plaintiff-owned racing D (hereinafter referred to as “Eup/Myeon”) is omitted.

(E) 37,920 square meters of forest land E (hereinafter “land before division”).

(A) On March 25, 2011, the land prior to the division was divided into the Plaintiff, the mortgagee, the mortgagee C, and the maximum debt amount of 400 million won as a joint collateral on March 25, 201, in which the registration of creation of a mortgage was completed, on April 14, 2014, E forest land was divided into 28,00 square meters (attached Table 1 real estate), G forest land, 3,326 square meters, H forest land, 6,57 square meters, and 8 square meters of I forest land.

B) In addition to the attached list 1 and 2, “each of the instant real estate” is referred to as “each of the instant real estate before partition” and “attached Form 2 real estate” before partitioning was divided on April 14, 2014, the term “each of the instant real estate before partition” is referred to as “each of the instant real estate before partition.”

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