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(영문) 서울고등법원 2014.12.18 2014나25438

근저당권말소등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C: (a) On February 25, 2009, on each of the real estates listed in the separate sheet (hereinafter “the instant real estate”) owned by the Defendant, the Yongsan District Court, Yongsan-gu, Seoul, Busan District Court (hereinafter “YY”) established the right to collateral security (hereinafter “the instant right to collateral security”) with the maximum debt amount of KRW 200 million, the debtor C, and the mortgagee; (b) on March 2, 2009, on the security of the said right to collateral, borrowed KRW 100 million (hereinafter “the instant loan”).

B. For the registration of the establishment of the instant right to collateral security, Article 1 of the document establishing the right to collateral security (hereinafter “right to collateral security”) signed on February 24, 2009 between C and the Defendant stated, “The party establishing the right to collateral security (hereinafter “right to collateral security”) is indicated as follows: “The party establishing the right to collateral security (right to collateral security) shall set up the right to collateral security (right to collateral security) on the part of the obligor, as either the obligor, either the obligor, or the joint or several obligations, such as the instrument of payment, and all obligations arising from the bills or checks taken over or commercial

C. On July 5, 2010, the Defendant agreed to receive KRW 1.3 billion, including interest after one month, while lending KRW 1.0 billion to the monthly World Co., Ltd. (hereinafter “Monthly”) and the monthly Co., Ltd., and agreed to receive reimbursement. Of the loans, KRW 100 million was to be borne by C.

At the time C jointly and severally guaranteed the obligation to the Defendant for the monthly expenses (hereinafter referred to as the “joint and several sureties of this case”) and issued a per share of KRW 1.3 billion per face value as security. D.

On the other hand, on October 27, 2010, the Plaintiff, the wife of C, completed the registration of ownership transfer claim based on the promise to divide the property of this case, and completed the registration of ownership transfer based on the above provisional registration on February 18, 201, and acquired the debt of this case from C.

E. The defendant C.