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(영문) 의정부지방법원고양지원 2017.11.24 2017가단8756

근저당권말소

Text

1. All claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B and his husband D completed the registration of ownership transfer with respect to the apartment house of this case (hereinafter “the apartment house of this case”) in Yongsan-gu, Yongsan-gu, Busan-gu, Seoul-si, with the share of 1/2 on February 23, 2007. (B) At the time Defendant B and D acquired the ownership, the apartment house of this case had already been registered with the Defendant Han Bank Co., Ltd. (hereinafter “I Bank”), E-mortgage with the debtor, with the maximum amount of claims ① 60 million won (the establishment contract of the collateral security as of November 4, 2002), ② the collateral security (the establishment contract of the collateral security as of September 1, 2003), ② the maximum amount of claims KRW 48 million (the maximum amount of claims) and ③ the maximum amount of claims KRW 24 million (the establishment contract as of March 31, 2005), ④ the establishment contract of the collateral security (the maximum amount of claims amount of KRW 280 million).

C. Defendant B and D did not receive a new loan and pay E’s collateral security obligation, but did not accept a contract with Defendant B to take over the existing collateral security obligation, received a new loan only with the remainder, filed an application for a loan examination with Defendant Han Bank with the financial resources for repayment of all their income, and the examination passed and could have paid the purchase price.

Accordingly, on February 26, 2007, Defendant B completed the additional registration to assume the obligation of Defendant B, and the right to collateral security (the right to collateral security (the right to collateral security (the right of February 26, 2007) with the creditor Han Bank, the debtor, the maximum debt amount of Defendant B, 72 million won was registered.

The principal and interest of the loan was jointly paid by Defendant B and D, both husband and wife.

Meanwhile, as of February 29, 2016, D’s creditor F was decided to commence compulsory auction on the instant apartment as of March 22, 2016, and as of March 22, 2016, D’s creditor G was decided to commence compulsory auction on the instant apartment.

However, in the distribution procedure of the auction case, the defendant Han Bank, which is the collateral security right of the defendant B, was given preferential repayment, and G was partially repaid as a general subordinate creditor.

On the other hand, the executing court is the defendant corporation.