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(영문) 서울남부지방법원 2020.08.12 2020가단235542

근저당권말소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff borrowed the amount indicated in the “new date” column from the Defendant on the date indicated below.

C 1 C 1 C 75,00,000 won for the loan balance on the date of loan for the name of goods on December 5, 2001 2 D 21,439,945 won 21,439,945 won on March 25, 2009 3 E E 6,959,000 won on March 25, 2009 4 E 7,103,108 won on April 14, 2009 7,100,000 won on April 14, 2009 7,103,108 won on June 16, 2010 F 5 F 8,00,000,000 won on June 19, 201, 370,750,70840 won.

B. On November 29, 2001, the Defendant and the Defendant’s mother G entered into a comprehensive collateral security contract (hereinafter “instant comprehensive collateral security contract”) with the Plaintiff and G, which bear all obligations, etc. due to credit transactions currently and in the future, with the maximum amount of KRW 97,50,000,00 as follows:

[Comprehensive Security] An obligor’s present and future obligation against the obligee:

(a) All obligations arising from bills lending, deed lending, overdraft lending, discount of bills, payment guarantee, sales credit transaction, mutual installment transaction, collection and delivery, securities lending, foreign exchange transaction or any other credit transaction;

(b) Obligations due to transactions with credit cards (excluding the offer of security by any third party, other than the debtor);

(c)as regards the obligee and the third party:

guarantee for such transaction;

(d) The obligee’s status with the third party.

(1) The term of settlement of accounts for a bill or check (the term of settlement of accounts for mortgage) acquired through transactions shall not be set forth.

In such cases, the developer may designate a period for the settlement of accounts for the root by written notice, and the period for the settlement of accounts shall be 14 days after the date of arrival of notice, and if it falls short of such period, the 14 days after the date of arrival of notice shall be the period for the settlement of accounts.

C. In accordance with the instant comprehensive collateral security agreement, the Defendant registered the creation of a neighboring mortgage on the real estate listed in the separate sheet (hereinafter “instant real estate”) on November 29, 2001, as the maximum debt amount of KRW 97,500,000, and the debtor, the Plaintiff, and G.