근저당권말소
1. The Defendant is the District Court of Chuncheon on October 10, 1998, which received on October 10, 1999 as to the real estate stated in the attached list from the Plaintiff.
1. Facts of recognition;
A. On September 29, 1998, the Plaintiff borrowed 48 million won from the Defendant without fixing the due date for reimbursement, and completed on October 10, 1998, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to A’s share of 990/1653 square meters in 1,653 square meters prior to Chuncheon City, Ycheon-si, the Defendant as the maximum debt amount of KRW 32709,000,000,000 won (hereinafter “the registration of creation of a neighboring mortgage of this case”).
B. On August 24, 2012, the Plaintiff completed the registration of ownership transfer for shares of 330.58/1653 out of the above real estate on the ground of sale, and currently owns shares of 49621/82650 among the above real estate (attached Form).
C. On June 29, 2017, the Defendant applied for a voluntary auction (Skcheon District Court E) on real estate listed in the separate sheet and received a voluntary auction decision on June 30, 2017.
The Defendant spent the expenses of KRW 824,060 for the above auction procedure ( KRW 5,00 for stamp 275,000 for stamp 5,200 for stamp 115,200 for registration fee of KRW 3,00 for stamp 3,00 for appraisal fee of KRW 425,860 for appraisal fee).
On October 24, 2017, the Plaintiff deposited KRW 49,632,827 ( principal KRW 48,000,000 from June 24, 2017 to September 19, 2017) with the Defendant as the principal deposit (Seoul Northern District Court KRW 2017Hun-5340, hereinafter “the deposit of this case”).
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including each number), the purport of the whole pleadings
2. Determination
A. According to the above facts, since the above loan obligations and execution expenses (the secured debt of the instant right to collateral security) totaled KRW 49,59,950 [the principal amounting to KRW 48,00,000 from June 29, 2017 to October 24, 2017 when the Defendant applied for voluntary auction, the principal amounting to KRW 775,890 ( KRW 48,00,000 x 00 x 0.05 x 0.05 x 0.05 x 118/365 x 824,060)] have ceased to exist in the instant deposit, the Defendant is obligated to implement the procedure for registration of cancellation of the establishment of the instant right to collateral security.