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(영문) 광주지방법원 해남지원 2021.03.16 2020가단200167

근저당권말소

Text

The defendant on August 21, 2013, as to the real estate stated in the attached list to the plaintiff, shall be governed by the Gwangju District Court's Southern Branch Office, etc.

Reasons

1. Basic facts

A. C, on August 1, 2013, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), completed the registration of transfer of ownership on July 19, 2013, for one’s own sale and purchase.

B. On August 21, 2013, the Defendant completed the registration of the creation of a lower right (Article 25463 of the receipt of machinery, such as the Southern District Court, etc., and Article 25463, hereinafter “instant collateral security”). On August 21, 2013, the Defendant explained that the Defendant may choose any of the following three types (a specific collateral security, a single collateral security, and a comprehensive collateral security) different the scope of the secured obligation between the Defendant and C, and the developer stated that “A shall secure the obligation prescribed among them,” and that “A” was written in the above margin.

(c)

On August 26, 2013, the Defendant loaned the instant mortgage at an annual interest rate of 6.9% (a general loan; hereinafter “instant loan”). ② A loan of KRW 10 million on July 7, 2014 at an annual interest rate of 5.32% (a self-reliance deposit loan; hereinafter “instant loan”) to C on September 22, 2014, and C repaid all the principal and interest of the instant loan to the Defendant on September 22, 2014.

(d)

On December 16, 2014, the Defendant loaned KRW 10 million to C at an annual interest rate of 5.9% (a general loan; hereinafter “third loan of this case”). On December 2014, C drafted a written confirmation of the scope of the obligation guaranteed by the right to collateral security (hereinafter “written confirmation of the scope of the instant right to collateral security”) stating that “a loan of KRW 10 million is included in the scope of the obligation guaranteed by the right to collateral security.”

E. From September 2016, the Plaintiff, who was a de facto spouse C from around September 2016, was the de facto spouse of C, and on September 26, 2018 between C and C.