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(영문) 인천지방법원부천지원 2012.08.23 2010가합8951

근저당권말소

Text

1. As to the land listed in the attached Table 1 to the Plaintiff A, the Defendant shall make the land listed in the attached Table 2 to the Plaintiff B.

Reasons

1. Basic facts

A. Around early April 2008, Plaintiff A asked G, the representative director of E Co., Ltd. (F., Sept. 8, 2008; hereinafter “Nonindicted Company”) to arrange a loan of KRW 300 million with the amount of KRW 5,248 square meters prior to H in Pyeongtaek-gun, Gyeonggi-gun, the Plaintiff owned by the said Plaintiff (hereinafter “instant land”).

B. On April 10, 2008, Plaintiff A issued to the I, who introduced G on April 10, 2008, a written contract to establish a collateral (hereinafter “instant contract to establish a collateral”) stating the said Plaintiff and the maximum debt amount of KRW 300 million, a blank delegation letter in the name of the said Plaintiff, a document verifying the Plaintiff’s excellent unmanned, a copy of identification card, and a certificate of personal seal impression.

C. On April 10, 2008, the non-party company settled the existing debt to the defendant of the non-party company at KRW 250 million between the defendant and the non-party company, but paid KRW 350 million by August 10, 2008, including interest thereon.

On April 10, 2008, J, an employee of I and a certified judicial scrivener office, stated the non-party company in the debtor column of the contract to establish the mortgage of this case received from the plaintiff A as the employee of the non-party company, followed by which the non-party company’s certificate is affixed, and attached the defendant’s name in the creditor’s joint mortgagee column, and affixed the defendant’s seal next thereto.

E. On April 29, 2008, the J applied for registration of the establishment of a mortgage on the instant land by using the written contract establishing the mortgage of this case, and on April 29, 2008, the establishment registration was completed near the maximum debt amount, the non-party company of the debtor, and the mortgagee.

F. On April 10, 2008, I prepared a monetary loan agreement with the non-party company borrowed KRW 300 million from the defendant (hereinafter “the monetary loan agreement of this case”), and entered the name, resident registration number, and address of the plaintiff A in the joint and several sureties column.

G. On April 30, 2009, a list 1 and 1.