beta
(영문) 인천지방법원부천지원 2016.11.04 2016가합101425

근저당권말소

Text

1. The defendant shall have jurisdiction over each real estate listed in the attached list to the plaintiff in Incheon District Court Kimpo-si.

Reasons

1. Basic facts

A. B-1, B-2 and B-mortgage 1) on January 12, 2015, the loan amount of KRW 70,000,000, interest rate of KRW 4.99% per annum between the Defendant and the Defendant on January 12, 2015, and the loan period of January 8, 2016 (hereinafter “the first loan”).

(2) On April 14, 2015, the loan limit amount of the above loan amount of KRW 110,000,000 was changed to KRW 110,000. B) on May 11, 2015, the Defendant and the above loan amount of KRW 290,000 again changed to KRW 110,000,00,000, the loan limit amount of the existing loan amount of KRW 180,000,000 was the credit loan, and a security right was separately established for the increased loan amount of KRW 180,00,000.

3) B separately from the Defendant on May 11, 2015, KRW 300,00,000 interest rate of KRW 12-month fluctuation rate (1.07%) and the period of loan extended on May 11, 2018 (hereinafter “second loan”).

(C) On May 12, 2015, in order to secure the Defendant’s obligation for KRW 1 and secondary loans, the ownership of Kimpo-si, Kimpo-si, Kimpo-si, 4,306 square meters (hereinafter “C land”).

As to the maximum debt amount, KRW 576,00,00 and KRW 576,00,000, and KRW 576,000,00 were completed for the establishment of a mortgage over the debtor B (hereinafter “

B) B. B’s third loan and collateral security (hereinafter “third loan”) obtained a loan of KRW 200,000 from the Defendant on July 27, 2015 (hereinafter “third loan”).

(B) on the same day, B and D are each of the real estates listed in the separate sheet owned by the Defendant (hereinafter referred to as “each of the real estates in this case”).

As to the maximum debt amount, KRW 240,00,00 and KRW 240,00,000, and KRW 2,000,000,00 were completed for the establishment of a mortgage on the debtor B (hereinafter

Article 1 of the 2nd mortgage contract provides that "the type of security is a type of security", and the scope of the secured obligation is specified as "all obligations currently and future due to the transaction of general loan to the creditor."

C. The Plaintiff’s acquisition of ownership and repayment of the third loan 1 Plaintiff purchased each of the instant real estate from B and D on September 1, 2015 and on September 10, 2015.