근저당권설정등기말소등
1. Revocation of the first instance judgment.
2. All of the plaintiff's claims are dismissed.
3. Incheon District Court 2018 Chicago62.62
1. Facts of recognition;
A. On June 26, 2017, the Defendant leased KRW 30 million (hereinafter “instant loan”) to the Plaintiff at the interest rate of 24% per annum and due date on September 26, 2017. On the same day, the Defendant concluded a contract to establish a mortgage on each land indicated in the separate sheet owned by the Plaintiff and the Plaintiff (hereinafter “each of the instant mortgage”).
Article 1 of the aforementioned written contract to establish a collateral shall state as to the secured obligation, “The obligation, etc., such as a certificate of borrowing signed and sealed by the guarantor of the sole or several obligors to be borne at present or to be borne in the future, and all obligations arising from all bills and checks, or all obligations arising from commercial transactions which have taken over as a guarantee for issuance and endorsement.”
B. According to each of the instant mortgage contract, regarding the land indicated in paragraph (1) of the same list as of June 27, 2017, as to the land indicated in the same list, KRW 15 million, the obligor, the mortgagee, the mortgagee, the mortgagee, the mortgagee, and the mortgagee, regarding the land indicated in paragraph (2) of the same list as of June 28, 2017, the registration of the establishment of a neighboring mortgage as to each of the claims indicated in the same list was completed on June 27, 2017, regarding the land indicated in paragraph (3) of the same list as of the maximum debt amount of KRW 15 million, the obligor, the mortgagee, and the mortgagee.
C. On September 27, 2017, the Defendant, who was the right to collateral security, filed a voluntary decision to commence the auction on the land of the said paragraph 3, with the Changwon District Court Msan Branch C. D.
On February 6, 2018, the Plaintiff deposited KRW 34,458,082 in total, and KRW 679,700,000 as Incheon District Court Decision 9978, Sept. 3, 2018, respectively, with the total amount of KRW 30,00,000 of the principal of the instant loan and interest accrued up to that time, and KRW 679,70 of the compulsory execution cost as Incheon District Court Decision 2018, Sept. 3, 2018.
E. On March 6, 2018, the Plaintiff filed an application with this Court for the suspension of the said voluntary auction procedure under this Court 2018 Chicago62 on the ground that the principal and interest obligation of the instant loan was fully repaid, and filed on March 7, 2018.