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(영문) 수원지방법원성남지원 2015.02.06 2014가단210011

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. On June 2, 2014, this Court has regard to cases where a request for suspension of compulsory execution was made by this Court.

Reasons

1. Basic facts

A. The 154m2 in Seo-gu, Seoan-gu, Seoan-gu (hereinafter “instant real estate”) is owned by the Plaintiff, and Nonparty D is the Plaintiff.

B. D borrowed a total of KRW 45 million from the Defendant around April 2009, and KRW 25 million around April 2010, the Plaintiff borrowed KRW 45 million from the Defendant. In order to secure D’s above loan obligations against the Defendant, the Plaintiff completed the registration of the establishment of a mortgage on the instant real estate with the Daejeon District Court’s astronomical support and the registration of the establishment of a mortgage on the maximum debt amount of KRW 61,000,000 on April 21, 2010 (hereinafter “registration of the establishment of a mortgage on the instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiff asserted that the establishment registration of a mortgage of this case should be cancelled since all the debt owed to D, which is the secured debt of the establishment registration of a mortgage of this case, should be repaid. However, the evidence submitted by the plaintiff alone is insufficient to recognize that the secured debt of this case was fully repaid, and there is no other evidence to support this. Thus, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.