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(영문) 울산지방법원 2015.07.17 2014가단65563
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 8, 1996, the Central Agricultural Cooperative (hereinafter referred to as the “Central Agricultural Cooperative”) completed the registration of creation of a collateral (hereinafter referred to as the “registration of collateral security”) with respect to each real estate listed in the separate sheet on April 8, 1996 (hereinafter referred to as the “each real estate of this case”) by the Ulsan District Court No. 22301, Apr. 8, 1996, under which the maximum debt amount is KRW 280,000,000,000,000 won, the debtor C, and the National Agricultural Cooperative of the Republic of Korea, the debtor C, and the mortgagee of the collateral security (hereinafter referred to as the “the credit of this case”). On April 10, 1996, C made a loan (hereinafter referred to as the “loan”).

B. On September 30, 2008, No. 311,282,296 won of the instant loan (i.e., principal KRW 110,527,157 delay damages amounting to KRW 200,755,139) was transferred to the Plaintiff at KRW 70 million. On the same day, the Plaintiff completed the additional registration of the transfer of the right to collateral security on the same day.

C. On May 26, 2009, the Plaintiff completed the supplementary registration of the transfer of the right to collateral security on January 16, 2009 with respect to the registration of the instant right to collateral security on the ground of the transfer of confirmed claim. D.

C died on October 19, 2009, and the defendant was tried on February 1, 2010 by the Ulsan District Court 201Mo555, which was inherited as C’s inheritor.

E. D applied for a voluntary auction to Ulsan District Court E with respect to each of the instant real estate, and the said court rendered a decision on November 25, 2009 to commence the auction procedure.

F. On March 16, 2011, the Defendant deposited KRW 301,157,774, including auction costs in the amount of KRW 280,000,000,000 of the maximum debt amount of the right to collateral security of this case, with the Ulsan District Court 201No. 954, a deposit of KRW 301,157,74, which was in progress of the said voluntary auction procedure.

G. On November 7, 2014, the registration of the instant right to collateral security was cancelled due to the said deposit for repayment, and the said voluntary auction procedure was revoked, and the Defendant thereafter transferred each of the instant real estate to D.

Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, and Eul.

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