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(영문) 서울서부지방법원 2016.12.22 2016가합30371

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are co-owners of the instant real estate holding 4580/9160 shares of each of the real estate listed in the separate sheet (hereinafter referred to as “the instant real estate”), and the Defendant is a private village of the Plaintiff’s spouse.

B. As to the instant real estate, the right to collateral security was established under the name of the debtor C, the maximum debt amount, KRW 2.6 billion on February 14, 2012, and the establishment of the said right to collateral security was cancelled on May 17, 2012. ② The right to collateral security was established under the name of the debtor, the debtor, the Ebain Satty Co., Ltd., and the maximum debt amount of KRW 3.770 million on May 17, 2012, and ③ the establishment of the right to collateral security under the name of the debtor, the plaintiff, the maximum debt amount of KRW 520 million on January 21, 2013 was established, and the establishment of the said right to collateral security was cancelled on July 31, 2013, and the said right to collateral security was modified to the debtor, the debtor, and the debtor, the maximum debt amount of KRW 3.00 million on July 31, 2013.

C. On July 31, 2013, among the instant real estate, the establishment registration of a mortgage in the name of the debtor, the maximum debt amount of KRW 2.5 billion was completed regarding the entire shares of the Plaintiff, among the instant real estate.

(hereinafter referred to as "the establishment registration of a mortgage in the vicinity of the instant case"). 【The ground for recognition】 The fact that there is no dispute, entry of Gap evidence No. 1, the purport of the whole

2. The plaintiff's assertion and judgment as to the plaintiff

A. On the grounds delineated below the plaintiff's assertion, the defendant is obligated to cancel the registration of creation of a mortgage of this case to the plaintiff.

1. When the Plaintiff was granted a loan to raise funds for the business of the Plaintiff’s ASEAN or its management companies, the establishment registration of the mortgage was completed on the instant real estate (1) through (4). The Defendant’s side used that the Plaintiff’s snow alone is not easily visible, thereby making the establishment registration of the mortgage near the recorded real estate.