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(영문) 제주지방법원 2016.03.29 2015가단5278

근저당권설정등기 말소

Text

1. The defendant received the following amounts from the plaintiff and thereafter real estate listed in the separate sheet No. 1 to the plaintiff.

Reasons

1. Basic facts

A. From May 20, 2010 to September 27, 2010, the Plaintiff and the Plaintiff’s husband borrowed a total of KRW 300,000,000 from the Defendant several times. In order to secure the payment of the above loan, the Plaintiff entered into a contract with the Defendant on September 8, 2010 to establish a right to collateral security (hereinafter “mortgage 1”) with the Defendant with the maximum debt amount of KRW 350,00,00 with respect to each real estate, etc. listed in the separate sheet No. 1 owned by the Plaintiff and the Plaintiff, and completed the registration of creation of a mortgage on September 13, 2010 to the Defendant on September 13, 2010.

B. On January 2013, the Defendant filed an application with the Plaintiff for a payment order claiming payment of KRW 300,000,000 and interest and delay damages thereon (Seoul District Court Decision 2013j136), and the said payment order was finalized on February 21, 2013.

C. On March 25, 2013, the Defendant applied for a compulsory auction for each real estate listed in the attached Table 2, owned by the Plaintiff, with the amount claimed as KRW 427,162,191 based on the claim amount based on the above payment order as of March 25, 2013, and the decision on compulsory auction was made on March 26, 2013.

(D) Jeju District Court D. D.

On June 21, 2013, the Plaintiff and the Defendant agreed as follows:

1) The Plaintiff paid 170,000,000 won out of the above claim amount to the Defendant, and then deducted 170,000,000 won in the balance of the loan amount of 257,00,000 won (the above claim amount of 427,162,191 won after deducting 170,00,000 won from the above claim amount of 427,162,191, and then leaving the unit of 100,000 won or less.

(2) In order to secure the payment of the balance of the loan, the Plaintiff additionally completed the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) with respect to each real estate listed in the separate sheet No. 2, other than the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) with the debtor and the maximum debt amount of KRW 257,000,000, to the

3. The defendant shall be on each real estate listed in the attached Form 2 list.