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(영문) 서울중앙지방법원 2017.11.30 2015가단5219163
근저당권말소
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff A is the owner of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “the real estate No. 1”), and the Plaintiff B is the owner of the real estate listed in Paragraph (2) of the same Table (hereinafter “the real estate No. 2”). The Plaintiffs requested a credit business chain Co.,, Ltd. located in Seocho-gu Seoul Metropolitan Government to provide loan brokerage services to the E (F) in order to obtain the loan of the real estate No. 1 and 2 as collateral.

B. On March 6, 2015, the Plaintiffs (However, Plaintiff B did not directly attend and delegated all procedures related to the loan to Plaintiff A with the issuance of a certificate of personal seal impression, etc.) issued, respectively, each of the following: (a) at the above lending business office’s own name, each of the instant loan loan agreement with the purport that KRW 30,000,000 each of the instant 1 and 2 real estate as collateral is pre-paid monthly, 2.9% (870,000 won) and June 5, 2015 (hereinafter “each of the instant loan agreements”) and at the same time, each of the instant promissory notes and receipts of KRW 45,00,000 for each of the respective face values (hereinafter “each of the instant promissory notes and each of the instant receipts, etc.”) were issued.

C. In addition, at the same place on March 6, 2015, Plaintiff A, along with Nonparty G at the same place, jointly issued a promissory note amounting to KRW 45 million at the face value of the Plaintiff A’s office (Provided, That the Plaintiff’s signature and seal was affixed to each of the following separate signatures and seals after the end of the office) and jointly signed a letter of delegation with the purport that “In the event of default in payment of the Promissory Notes, there is no objection to any compulsory execution immediately upon default in payment of the Promissory Notes” for the purpose of the notarial deed’s notarial act, and also issued and drafted a promissory note in the Plaintiff B’s name and the power of delegation with the delegation

(hereinafter referred to as “each of the Promissory Notes, etc. of this case”. D.

Plaintiff

A and G are from the defendant at the same place on March 6, 2015.

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