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(영문) 대구지방법원 2017.01.12 2016가단1554
저당권설정등기말소
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 has a claim of KRW 184,750,316 against B, the owner of the instant real estate, based on the judgment in the Seoul East Eastern District Court 2015Kadan11398, which is the transferee of the instant real estate.

B. On January 12, 1998, the Defendant concluded a mortgage contract with B with a maximum debt amount of KRW 500 million regarding the instant real estate, and completed the registration of establishment of a neighboring mortgage, such as the written claim, (hereinafter “registration of establishment of a neighboring mortgage”).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. On January 10, 1998, the first loan date of the defendant's claim against B is the time difference between the loan date of Jan. 21, 1998, and ② the initial loan of the defendant is 100 million won. The maximum amount of the right to collateral security of this case is 50 million won. ③ The defendant's assertion that B's original loan of this case was 30 million won in his name and 30 million won in his name, but it is difficult to view C's original loan date of the defendant's loan of this case as the repayment of the right to collateral security of this case. ④ The loan of this case cannot be viewed as the loan of this case since B is the defendant's female, and it is difficult to view B's original loan date of the loan of this case as the loan of this case after the above loan of this case was made as the loan of this case, and there is no evidence that the loan of this case was 200 million won in his initial loan of this case and other loan of this case as the loan of this case.

Rather, according to the evidence Nos. 1 and 2, the defendant lent KRW 100,00 to B, and B.

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