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(영문) 인천지방법원 2018.10.12 2018가단7015

근저당권설정등기말소등

Text

1. The defendant shall be the plaintiff.

A. As to the land indicated in the attached list No. 1, Incheon District Court Branch on June 27, 2017.

Reasons

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, in order to secure the above principal and interest claims, the Defendant concluded a mortgage agreement on each land listed in the separate sheet owned by the Plaintiff and the Plaintiff (hereinafter “each of the instant mortgage agreements”).

B. According to each of the instant mortgage contract, regarding the land indicated in the same list on June 27, 2017, KRW 15 million as the maximum debt amount, the Plaintiff, the mortgagee, the mortgagee, and the mortgagee, and the second land indicated in the same list on June 28, 2017, the registration of creation of a collateral on each of the lands indicated in the same list on June 27, 2017 was completed, with regard to the third land indicated in the same list on June 27, 2017, the maximum debt amount of KRW 40 million as the Defendant, the obligor, and the mortgagee as the Defendant.

C. On September 27, 2017, the Defendant, who was the right to collateral security, filed a voluntary decision to commence the auction on the said third land 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 the other hand, on March 6, 2018, the Plaintiff filed an application to suspend the said voluntary auction procedure with this court 2018Kadan62 on the ground that the principal and interest obligation of the instant loan was fully repaid. On March 7, 2018, the Plaintiff was subject to a decision to suspend compulsory execution with the purport that the said auction procedure is suspended from this court until the judgment of the first instance court is rendered.

[Recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 3, Gap evidence Nos. 2 and 4, the purport of the whole pleadings

2. The judgment of establishing a mortgage is a document of disposition, barring any special circumstance.