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(영문) 광주지방법원 2015.11.27 2015가단21641

근저당권말소

Text

1. Defendant B received on December 22, 2010 from the registry office of the Gwangju District Court with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant New Card Company

A. Basic facts 1) Defendant B remitted KRW 28.5 million to D on December 22, 2010 under the name of ASEAN, an ASEAN, to the Plaintiff’s husband on the same day, and D remitted KRW 26.6 million to E, who is the Plaintiff’s husband on the same day. On the same day, the Plaintiff is the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage of this case”) with the maximum debt amount of KRW 50 million as to the real estate indicated in the attached list owned by Defendant B on the same day.

2) D respectively remitted the amount of KRW 1 million on July 29, 201, and KRW 30 million on August 4, 2011 in the name of C.

3) On December 4, 2014, Defendant New Card Co., Ltd. seized the instant secured debt by the instant court No. 2014TB under 21511, and on December 18, 2014, the registration of seizure of the instant secured debt was completed with respect to the registration of the establishment of the instant secured mortgage. [The fact that there is no dispute over the establishment of the instant secured debt, each entry in the evidence No. 1 through No. 7, and the purport of the entire pleadings.]

B. In full view of the facts of the judgment as to the cause of the claim 1 and the written evidence Nos. 11 and 15, the Plaintiff borrowed KRW 30 million from Defendant B through the interim presenter D on December 22, 2010, and paid KRW 10 million on July 29, 201 and KRW 30 million on August 4, 201 to Defendant B through D, it is reasonable to deem that the Plaintiff fully repaid the principal and interest of the instant secured claim. In the event a claim with a secured right is seized, the purpose of registering the seizure of the secured claim by means of additional registration at the time of the establishment registration prior to the establishment registration of the mortgage is to publicly announce the seizure of the secured claim because, if the secured claim of the secured right of the secured right is seized, the seizure becomes invalid even if it is a subordinate right based on the secured right, and thus, there is no secured claim of the secured right.