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(영문) 수원지방법원 2016.06.10 2015가합62367

근저당권말소

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1. Defendant B’s registration office of Suwon District Court on April 17, 2014 with respect to the land size of 2,803 square meters in response to the Plaintiff’s wife population E, which is acceptable to the Plaintiff.

Reasons

1. Basic facts

A. On April 15, 2014, the Plaintiff entered into a contract with Defendant C and the Plaintiff to construct a research institute on the land of 2,803 square meters (hereinafter “instant real estate”). On April 15, 2014, the name of the contractor was determined as the name of the Plaintiff’s representative director, F Co., Ltd., the name of the contractor, the name of the contractor, the name of the contractor, the amount of KRW 250 million, the date of commencement, the date of commencement, April 25, 2014, and the date of completion of completion of the project on June 25, 2014.

B. Defendant C borrowed KRW 200 million from the Plaintiff’s real estate as collateral and borrowed KRW 70 million to the Plaintiff. Defendant C used the real estate as collateral, and proposed a plan to settle the accounts of the remaining KRW 130 million in the construction cost that the Plaintiff had to pay to Defendant C following the use by Defendant C.

C. Upon receipt of the aforementioned proposal, the Plaintiff introduced Defendant D with a view to lending money from Defendant C, and consulted on the terms and conditions of borrowing money and the establishment of a right to collateral security.

The Plaintiff, through consultation with Defendant CD, decided to set up a collateral security worth of KRW 300 million for Defendant C with the maximum amount of debt, and prepared all documents related to the right to receive loans and the establishment of a collateral security to be received from a mortgagee, which shall be delegated to Defendant C, with the term “written consent to provide a collateral and a proxy to receive money,” and the term “written consent to provide a collateral,” which shall be delegated to a certified judicial scrivener office, was prepared on April 16, 2014, and issued to Defendant C along with a certificate of personal seal impression.

The above "written consent to provide security and letter of delegation of money" and "written consent to provide security" were both public and private. D.

In addition, on April 17, 2014, the Plaintiff is called “creditor-mortgage-mortgage-mortgage”.