근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 17, 201, the Plaintiff’s claim C drafted a loan certificate (No. 5, hereinafter “the instant loan certificate”) stating that “C borrowed KRW 500 million from the Plaintiff,” with the effect that “C borrowed KRW 500 million from the Plaintiff.”
B. C’s establishment of claims and right to collateral security (1) D, on January 28, 2005, completed the registration of ownership transfer with respect to FF Nos. 302, 302, located in Gangnam-gu Seoul and four parcels (hereinafter “instant real estate”).
(2) A around August 16, 2004 lent KRW 500 million to H Co., Ltd. (hereinafter “H”) via G (hereinafter “H”).
On November 24, 2004, I, the representative director of H, made a letter to C, stating, “Until December 20, 2004, I sold the above loans by selling Nos. 102 of the first floor 1, 102 above the second floor above 4, Gangnam-gu, Seoul, and four lots above, Seoul, and repaid it, but if not sold until then, I would transfer the ownership of the above real estate to C.”
(3) On March 28, 2005, H transferred the ownership of 102, Gangnam-gu, Seoul, and 4 non-party F, non-party 1, 102, to D, the wife of I on March 28, 2005.
C around June 2009, the Seoul Central District Court 2009Kahap72525, which filed a lawsuit against D, seeking the cancellation of the ownership transfer registration under the name of the defendant as to the above 102.
On January 26, 2010, the decision of recommending reconciliation was finalized on November 24, 2004 (hereinafter “the decision of recommending reconciliation in this case”) with the purport that “D shall implement the procedure for the registration of ownership transfer on the ground of an accord and satisfaction agreement with C with respect to the first floor 102 of the above F non-Dong 1st 1st 202.”
(4) On the other hand, around April 2005, C filed a criminal complaint against I in relation to the repayment of the above loan obligation.
C and I, around August 2005, agree that “I shall pay C KRW 175 million to the end of November 2005, and as a guarantee therefor, set up a collateral of KRW 200 million with respect to the instant real estate, the maximum debt amount of KRW 200 million with respect to the instant real estate. C shall withdraw a complaint against I” (hereinafter referred to as “instant agreement”).
(5) The agreement of this case was reached.