beta
(영문) 서울중앙지방법원 2014.11.18 2014가합25400

근저당권설정등기말소

Text

1. On April 201, 2014, the Defendant issued a registry office of the Seoul Central District Court with respect to each real estate listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. When lending money to C, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) with respect to each real estate of this case, which was provided as joint collateral by C with each real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”), as the Seoul Central District Court’s Branch Office No. 45784, Oct. 21, 201, received on October 21, 201, the maximum debt amount of KRW 450,000,000, the debtor D, and the Plaintiff as a mortgagee of a mortgage.

B. On January 10, 2014, the Plaintiff sold each of the instant real estate to a third party, and repaid to the Plaintiff KRW 250,00,000,000 to the day January 31, 2014. The Plaintiff kept the documents necessary for the cancellation of the registration of the establishment of the instant neighboring land in custody to E Law Firm E. The buyer upon receipt of the payment of the said money agreed that the Plaintiff shall immediately return the said documents to the Plaintiff, that the custodian shall deliver the certificate of the registration of the establishment of the instant neighboring land to G, and that the F shall have a custody certificate of the content of the said agreement confirmed.

C. Around April 10, 2014, the Plaintiff sent a written notification stating that “D and C shall pay KRW 250,000,000 to D and C by January 41, 2014, as the Plaintiff delayed the implementation of the agreement, and thus, the Plaintiff returned the documents, etc. issued for the cancellation of the registration of creation of mortgage in the instant case, and paid KRW 450,000,000 until April 15, 2014.”

D) On April 23, 2012, the Seoul Central District Court (Seoul Central District Court Branch Office) completed the registration of establishment of the instant real estate under the name of the Defendant as the receipt No. 18466 on April 23, 2012, and C, D, and the Defendant, using the documents received from the Plaintiff, cancelled the registration of establishment of the instant neighboring real estate under the Seoul Central District Court (Seoul Central District Court Branch Office No. 18467, Apr. 23,

【Ground of recognition】 There is no dispute, Gap No. 1.