근저당권설정등기취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion that the plaintiff borrowed 20 million won from the defendant on December 28, 2007 as interest rate of 2.5% on the same day after he borrowed 20 million won from the defendant on December 28, 2007, and then 50,000 won on the same day, January 18, 2008, January 22, 200 and the same year
4. 4. Each of the 6.50,00 won was repaid, and repayment of KRW 5,741,660 on May 2, 2008 was made, and the Defendant is obligated to return unjust enrichment equivalent to the above amount, and to cancel the registration of creation of a neighboring mortgage established to secure the above borrowed amount.
2. Facts of recognition;
A. On December 28, 2007, the Defendant: (a) lent interest of KRW 20 million to the Plaintiff on March 18, 2008; (b) deducted KRW 500,000 as the interest rate; (c) deducted KRW 500,000 from the interest rate; and (d) on the same day, in relation to subparagraph 716 of D building in Kimpo-si, Kimpo-si, the Defendant created a right to collateral security (hereinafter “instant collateral security registration”).
B. On January 20, 2008 and February 22, 2008, the Plaintiff repaid each of the above borrowed amounts of KRW 500,000,000, respectively, and on May 25, 2008, KRW 625,000.
[Reasons for Recognition] Nos. 1, 2, and 5 do not conflict between the parties, or described in Gap evidence
3. Determination
A. According to the provisions of Article 2(1), (3), (4), and Article 3 of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); the maximum interest rate under a contract for lending and borrowing money is 30% per annum; the contractual interest rate is more than the above maximum interest rate is null and void; where the obligor voluntarily pays the interest exceeding the above maximum interest rate, the amount equivalent to the overpaid interest shall be appropriated for the principal; where the obligor deducts the advance interest from the amount actually received by the obligor as the principal and exceeds the amount calculated according to the above maximum interest rate, the overpaid portion shall be deemed appropriated for the principal.
B. The fact that the Defendant lent KRW 20 million to the Defendant deducted KRW 500,000 from the interest, was recognized as above, and the Plaintiff actually received KRW 19,50,000.