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(영문) 인천지방법원 2017.09.19 2016가단57870

근저당권이전등기말소등기

Text

1. The Defendant shall pay 43,485,332 won from the Plaintiff and 24% per annum from October 11, 2013 to the date of complete payment.

Reasons

1. Basic facts

A. E loaned KRW 50,00,000 to the Plaintiff on February 12, 2011 as the due date for reimbursement of KRW 2% on May 11, 2011, and the interest rate of KRW 10,000,000 on April 18, 201, and loaned KRW 2% on May 17, 2011 and interest rate of KRW 10,000 on May 17, 201.

E made each land indicated in the purport of the claim as the secured claim (hereinafter collectively referred to as the “each land of this case”), and the Fancheon-gun, Incheon, with respect to the size of 818 square meters of forest land, G forest land, 822 square meters, the maximum amount of claims 90,000,000 won, and the registration of establishment of a neighboring mortgage, the Plaintiff.

B. On May 25, 2011, the Defendant entered into a contract for the transfer of claims between E and E with respect to each of the claims described in the above paragraph (a) against the Plaintiff, and completed the notification of transfer at that time.

On May 26, 2011, the Defendant made a supplementary registration of the right to collateral security prior to the transfer of confirmed claim on May 25, 2011.

C. Meanwhile, on July 17, 2013, the Plaintiff agreed to transfer the remainder of KRW 40,000 to H and I, instead of paying KRW 40,000,000 to the Defendant by H, and KRW 30,000,00,000 among the maximum debt amount of the right to collateral security as set forth in the foregoing paragraph (b) to H, and to transfer to H the remainder of KRW 40,00,000,00.

Accordingly, on July 17, 2013, H transferred KRW 40,000 to K Bank Account under the name of J, the Defendant’s husband, but I failed to comply with it, and the Plaintiff paid KRW 10,000,000 to the Defendant on October 10, 2013.

On July 18, 2013, the Defendant renounced the right to collateral security on forest land of 818 square meters in Incheon Reinforcement-gun, and on October 30, 2013, the registration of creation of a neighboring land on each of the above lands was cancelled.

(hereinafter) The registration of the establishment of a neighboring mortgage on each of the instant lands remaining after the cancellation is made shall be deemed to be the “mortgage of this case”).

After that, on January 5, 2017, the Defendant filed an application for voluntary auction based on the instant right to collateral security and rendered a decision to commence auction to the Incheon District Court L on January 17, 2017.

Grounds for recognition: there is no dispute.