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(영문) 의정부지방법원 2016.10.06 2016가단15020

저당권설정등록말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 28, 2016, the Plaintiff purchased KRW 3,900,00 from D, E, and filed for registration of transfer of ownership in the same name on the same day.

B. Meanwhile, on the other hand, on December 30, 201 at the time of the purchase, the registration of the creation of mortgage at KRW 3,000,00 for the automobiles listed in the separate sheet (hereinafter “registration of the creation of mortgage”) was completed on December 30, 201.

[Ground of recognition] Evidence No. 1, Evidence No. 2, and the purport of the whole pleadings

2. The Plaintiff’s assertion D and E met all the secured debt KRW 3,00,000,000 to the Defendant, the mortgagee, and the said secured debt extinguished.

Therefore, the registration of mortgage creation of this case must be cancelled.

3. We examine the judgment, there is no evidence to acknowledge that the secured debt of the registration of mortgage creation of this case has been fully repaid.

Therefore, the plaintiff's assertion is without merit.

4. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.