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(영문) 서울동부지방법원 2017.03.31 2015나7208

근저당권말소

Text

1. The part against the plaintiff in the judgment of the court of first instance shall be modified as follows:

The defendant shall be the plaintiff, the Gyeongbuk-gun M.

Reasons

Basic Facts

On December 31, 2007, the Daegu District Court received a permanent resident registration office of the Daegu District Court on December 31, 2007 with respect to L/L 45,315 square meters (hereinafter “1 land”) in permanent residence owned by A, and on December 31, 2007, the registration of creation of the right to collateral security (hereinafter “1 collateral security”) with the maximum debt amount of KRW 200,000,000,000 as the grounds for registration, was completed.

Plaintiff

On December 31, 2007, with respect to the land of 148,718 square meters (hereinafter referred to as "second land") and M forest of 86,081 square meters (hereinafter referred to as "third land"), the establishment registration of joint collateral mortgage (hereinafter referred to as "second collateral mortgage") was completed on December 28, 2007 with respect to the land of 86,081 square meters (hereinafter referred to as "third land"), which was owned by the Daegu District Court as the grounds for the establishment of the contract under the Daegu District Court No. 12704 on December 31, 2007, the contract was completed on December 28, 2007, with the maximum debt amount of KRW 40 million as the grounds for the establishment of the contract.

[Grounds for recognition] In the absence of dispute, Gap evidence 3-1, Nos. 2, 3, and 18-1, 2, and 3 of the evidence Nos. 3-1, 3-2, and 18-3 of the argument, and the court of first instance and the plaintiff filed a lawsuit against the defendant seeking cancellation of the registration of creation of a new mortgage by asserting that all the secured debt of each of the instant mortgages was extinguished.

The court of first instance recognized that each of the above collateral obligations was extinguished, and the defendant decided to cancel the registration of establishment of each of the above collateral obligations after receiving payment of KRW 5,271,200 for auction expenses.

The Defendant appealed against the Plaintiff and A before remanding the case.

The appellate court dismissed the defendant's appeal against A, and accepted part of the defendant's appeal against the plaintiff, and ruled that the defendant's repayment of the remaining debt amount of KRW 208,560,045 and cancelled the second collateral security.

The Plaintiff and the Defendant appealed both.

The Supreme Court has dismissed the defendant's appeal against A (the lawsuit between A and the defendant was affirmed).