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(영문) 수원지방법원 2019.08.22 2017가단37092

근저당권말소

Text

1. The defendant shall receive on May 6, 2009 from the Changwon District Court Branch Registry of the Republic of Korea with respect to the real estate stated in the attached list E.

Reasons

Facts of recognition

On January 22, 1997, the network E completed the registration of creation of a mortgage with the maximum debt amount of KRW 15,000,000 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”).

On February 18, 2000, D, the Defendant’s mother, finished the registration of the transfer of the right to collateral security (hereinafter “instant transfer”) from F, and on February 20, 200, D, the Defendant’s mother, determined 25,000,000 won to F and G, his spouse, as interest rate of 3% per month.

D filed a lawsuit for a loan claim against the F and G in Suwon District Court Decision 2004Gaso38276, Suwon District Court Decision 2004

On November 2, 2004, the above court rendered a judgment ordering F and G to jointly and severally pay D 30,811,643 won and 15,000,000 won with 25% interest per annum from November 4, 2003 to the date of full payment.

F and G appealed to the above judgment as Suwon District Court 2004Na20071. On May 19, 2006, the above court rendered a ruling that "F and G shall cancel the payment order of 28,476,711 won to D, and 13,004,109 won among them, 5% per annum from November 5, 2003 to May 19, 2006, and 20% per annum from the next day to the day of full payment, and dismissed the claim against F and G, and the claim against F and G, corresponding to that part, respectively." The above ruling became final and conclusive around that time.

F and G delivered KRW 29,00,000 to D on June 26, 2006, and D drafted a receipt stating that all loans have been repaid by the parties to F and G.

The F brought an action against D on February 20, 2009, the Sungwon District Court Branch 2009Kadan6065, seeking the implementation of the registration procedure for cancellation of the transfer registration of this case.

D on May 6, 2009, upon the cancellation of the registration of the establishment of a neighboring mortgage that was transferred by oneself, and E on May 6, 2009, on the instant real estate in the future of the Defendant, the Changwon District Court Branch of the Changwon District Court No. 10393, May 6, 2009.