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(영문) 수원지방법원안산지원 2015.11.13 2014가단26279

근저당권설정등기말소등기절차 이행

Text

1. As to each real estate listed in the separate sheet No. 1, the Defendant shall enter the Plaintiff A in the separate sheet No. 2.

Reasons

1. Basic facts

A. On April 7, 2011, Plaintiff A borrowed 1% (payment on April 30) interest from the Defendant and 150,000,000 won as of April 30, 2012, and drafted a certificate of borrowing (Evidence 1) with the same content to the Defendant.

(hereinafter referred to as “the obligation to return the borrowed money in this case”) B.

Plaintiff

In addition, A’s drawing up the loan loan certificate of this case, around April 7, 2011, Plaintiff A drafted a certificate of borrowing that the Plaintiff borrowed KRW 100,000,000 from the Defendant as of September 30, 201, separately from the certificate of borrowing stated in the preceding paragraph. The Plaintiff made a certificate of borrowing that the Plaintiff borrowed KRW 100,000 (No. B. 1; hereinafter “certificate of borrowing”).

C. On April 8, 2011, in order to secure the Defendant’s obligation to repay the borrowed money of this case, the Plaintiffs set up a collateral against the Defendant, as indicated in the separate sheet No. 1 owned by the Plaintiff (hereinafter “instant Claim No. 1”).

The real estate listed in paragraph 6 of the attached list 1 is sold by the plaintiff A to D and is currently owned D.

(B) the real estate listed in the separate sheet No. 2, owned by the Plaintiff and the Plaintiff B (hereinafter “instant 2 real estate”).

(1) As to each Suwon District Court’s Ansan Branch’s establishment registration of mortgage (hereinafter “mortgage 1”) was completed as of April 8, 201 with the maximum debt amount of KRW 180,000,000 and the debtor’s establishment registration of mortgage (hereinafter “mortgage 1”) under Article 21920 on April 8, 201.

(2) In addition, on April 8, 2011, the Plaintiffs completed the registration of creation of a mortgage on the real estate Nos. 1 and 2 of this case to the Defendant on April 8, 201, each of the several Won District Court’s Busan District Court’s Office, No. 21921, Apr. 8, 201, the maximum debt amount of KRW 100,000,000, and the Plaintiff A, the debtor.

(hereinafter the above right to collateral security (hereinafter “the second right to collateral security”) D.

The defendant's application for voluntary auction and the repayment deposit of the plaintiff A shall not be performed by the plaintiff A with the obligation to return the borrowed money of this case.