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(영문) 수원지방법원 2019.01.29 2018가합16099

근저당권말소

Text

1. The plaintiff,

A. The instant lawsuit against Defendant C and D:

B. Of the instant lawsuit against the Defendant B, entry in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the instant real estate.

B. On August 22, 2016, Suwon District Court, Youngwon-si Office of Registry of 126731, which received on the instant real estate, the registration of the establishment of a collateral security (hereinafter “principal registration”) comprised of the maximum debt amount of KRW 800,000,000 with respect to the instant real estate, and the registration of the establishment of a collateral security (hereinafter “instant collateral security”) constituted Defendant B, the said registered collateral security (hereinafter “instant mortgage”).

C. As to the instant right to collateral security, an additional registration of partial transfer of collateral security (hereinafter “additional registration in the name of the Defendant C”) was completed on the ground of partial transfer of claim by the same registry office No. 19870, Feb. 9, 2017, as to the instant right to collateral security (hereinafter “instant right to collateral security”) and the additional registration of partial transfer of collateral security (hereinafter “additional registration in the name of the Defendant D”) was completed on August 23, 2017, as the same registry office received No. 118525, Aug. 23, 2017, on the ground of partial transfer of claim.

With respect to Defendant B’s share in the instant collateral security, the amount of claim No. 127545, Sept. 7, 2017, the registration of pledge claim No. 200,000,000, Defendant B, and Defendant E (hereinafter “registration of pledge”) was completed, and the registration of attachment (hereinafter “registration of attachment”) was completed by the same registry office No. 13856, Sept. 21, 2017, which became Defendant F, as the same registry office No. 13856.

E. On April 27, 2018, the Plaintiff deposited KRW 134,00,000 with Defendant B as the deposited person; KRW 200,000,000 with Defendant C as the deposited person; and KRW 400,000 with Defendant D as the deposited person.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8, 16 through 19, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the plaintiff met all the secured debt of the instant right to collateral security with the repayment deposit against the defendant Eul, C, and D. Thus, the defendant Eul performed the procedure for registration of cancellation on the whole principal registration and the defendant Eul, who is the pledger and the seizure right holder of the said right to collateral security, shall be cancelled.